Continuation of the discussion regarding the Islam of one spouse without the other, in terms of the continuation of the marriage and the bridal gift.
Machine translationRead the Arabic original
The Shaykh : What is the difference between before the waiting period and after the waiting period, according to the stronger position?
The questioner : The difference between them is that the first one...
The Shaykh : before the expiration of the waiting period...
The questioner : that the option is not for the wife, but rather the option...
The Shaykh : that if he embraces Islam before the expiration of the waiting period, the wife has no option, so the marriage remains valid. It is clear, everyone, that if he embraces Islam after the waiting period, that is the case where the option exists according to the stronger position. So the difference is that if the husband embraces Islam before the expiration of the waiting period, the woman has no option; her husband is her husband. But if he embraces Islam after the waiting period, the option is for the wife. If she is pleased, if she returns to him, she may stay with him. If she wishes to marry someone else, she may marry. If she wishes to remain without a husband, she may remain without a husband. If she married someone else after the expiration of the waiting period, she married someone else, and then he embraced Islam and claimed his right, the woman married, yes.
The questioner : Without a contract.
The Shaykh : Without a contract, yes. This is Abu al-As ibn al-Rabi' who returned to Zaynab bint Rasool Allah (peace and blessings be upon him and his family) without a contract. Now, let us take a little of what follows regarding the principles. Let us take a little. The author (may Allah have mercy on him) said: "Chapter on the Bridal Gift" The bridal gift is the consideration paid by the marriage contract and what is annexed to it.
The questioner : The difference between them is that the first one...
The Shaykh : before the expiration of the waiting period...
The questioner : that the option is not for the wife, but rather the option...
The Shaykh : that if he embraces Islam before the expiration of the waiting period, the wife has no option, so the marriage remains valid. It is clear, everyone, that if he embraces Islam after the waiting period, that is the case where the option exists according to the stronger position. So the difference is that if the husband embraces Islam before the expiration of the waiting period, the woman has no option; her husband is her husband. But if he embraces Islam after the waiting period, the option is for the wife. If she is pleased, if she returns to him, she may stay with him. If she wishes to marry someone else, she may marry. If she wishes to remain without a husband, she may remain without a husband. If she married someone else after the expiration of the waiting period, she married someone else, and then he embraced Islam and claimed his right, the woman married, yes.
The questioner : Without a contract.
The Shaykh : Without a contract, yes. This is Abu al-As ibn al-Rabi' who returned to Zaynab bint Rasool Allah (peace and blessings be upon him and his family) without a contract. Now, let us take a little of what follows regarding the principles. Let us take a little. The author (may Allah have mercy on him) said: "Chapter on the Bridal Gift" The bridal gift is the consideration paid by the marriage contract and what is annexed to it.