If he precedes her, there is no mahr; if she precedes him, she has the right to annul it. If one of them embraces Islam after consummation, the matter is suspended until the waiting period ends. If the other embraces Islam during that time, the marriage remains; otherwise, its annulment becomes apparent from the time the first one embraced Islam.
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The Shaykh : Regarding the mahr, he says: "If he precedes her, there is no mahr; if she precedes him, she is entitled to half of it". An example of this is a man who marries a woman, and both are disbelievers, and he gives her a mahr of one hundred million. Is that a lot or a little?
The questioner : Many.
The Shaykh : If it is... a lot. And if it is in some other currencies, they say it is cheap. We say, one hundred million of what? I gave her a mahr of one hundred million, then someone came to the wife and said to her, "Embrace Islam and you will be safe." So she embraced Islam. Now, her Islam came before consummation. What is the ruling on the marriage? It is invalid. Why? Because a Muslim woman is not lawful for a disbeliever. The marriage is invalid. Now, regarding the mahr, which is one hundred million, does she get nothing? They say she gets nothing because the separation came from her side. The separation is the cause. Why? Because she embraced Islam. So the separation came from her side, and therefore she has nothing. Because the principle with us is that any separation that comes from the wife before consummation means she has no mahr. This is the rule, and the author has adopted this view. Based on this, we would punish this woman who embraced Islam by what? By depriving her of her share, even though what should be done is to reward her. For this reason, the stronger opinion, without a doubt, is that if she precedes him in embracing Islam before consummation, the marriage is annulled, and she is entitled to half the mahr. Because it is he who was negligent in delaying his Islam, as it is obligatory for him to hasten to embrace Islam. She preceded him in Islam, so we say she gets half the mahr, because this separation came from the side of the one who, in reality, is the husband, because the husband is obligated to embrace Islam but he delayed. The summary, my brothers, is that if Islam comes before consummation, we have two issues to discuss. The first issue is the continuation of the marriage, and the second issue is the mahr. Pay attention. As for the first issue, the discussion of the continuation of the marriage: if the Muslim is the husband and the wife is a People of the Book, the marriage is invalid. If she is the Muslim one, or if the Muslim is the husband and the wife is not a People of the Book, the marriage is annulled. This is with regard to the continuation of the marriage or its absence. As for the mahr, if he is the one who preceded, he owes half the mahr because the separation came from his side. If she is the one who preceded, she has nothing because the separation came from her side. This is what the author followed. The second opinion is that she is entitled to half the mahr, because she hastened to a matter that was obligatory upon both of them, so the one who delayed is the cause of the separation. This opinion is the stronger one: that she is entitled to half the mahr. All this discussion is in the case of what? Before consummation. As for after consummation, listen. He says: "If one of them embraces Islam after consummation, the matter is suspended until the waiting period ends. If the other embraces Islam during that time, the marriage remains; otherwise, its annulment becomes apparent from the time the first one embraced Islam". If one embraces Islam after consummation, it is known that separation after consummation necessitates a waiting period. So we say we wait until the waiting period ends. If the waiting period ends and the other has not embraced Islam, it becomes apparent that the marriage was annulled from the time the first one embraced Islam. If the other embraces Islam, he remains in his marriage. Pay attention, what are we discussing now? After consummation. Are we discussing the mahr after consummation? No, we are not discussing it, because the mahr is fully established by consummation, with no detail. Our discussion now after consummation is on one side only: the continuation of the marriage or its absence. We say if one of them embraces Islam, we tell her to observe the waiting period. The woman observes the waiting period, and you know the waiting period, if Allah wills, in what is to come. Let us say it is three menstrual cycles, three months. Yes. If the waiting period is completed and the other has not embraced Islam, it becomes apparent that the marriage was annulled from the time of her Islam. If he embraces Islam during the waiting period, the marriage remains as it is. This is a middle opinion between two opinions. The first opinion is that as soon as one of them embraces Islam, the marriage is annulled, and she observes the waiting period. Then, if he desires to contract a new marriage, he does so; otherwise, his marriage has ended. The second opinion is that it is not annulled, and that before the waiting period ends, the choice is with the husband, and after the waiting period ends, the choice is with the wife. This is the choice of Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him). He says that before the waiting period ends, the choice is with the husband. If he embraces Islam, she is his wife. After the waiting period ends, the choice is with the wife. If she wishes, she remains in the marriage; if she wishes, she marries. He cited as evidence for this that the Prophet (peace and blessings be upon him) returned his daughter Zaynab to Abu al-As ibn al-Rabi' after six years of the Hijrah and after approximately sixteen years of his Islam, meaning from her Islam. She embraced Islam at the beginning of the mission. The daughter of the Messenger (peace and blessings be upon him), and the Messenger (peace and blessings be upon him) returned her to him after arriving in Madinah by six years. He returned her without a new contract. And if the text is with one of the disputants, who is with the truth? The one who has the text. And based on this, we say that if one of the spouses embraces Islam before the other: if it is before consummation, we have two considerations. The first consideration is the marriage: does its contract remain or not? What is the answer? The marriage is invalid, unless the wife is a People of the Book and the Muslim is the husband. In this case, the marriage remains, because a Muslim husband is permitted to marry a woman of the People of the Book. As for the mahr, if the husband is the one who embraced Islam first, he owes half the mahr because the separation is from his side. If she is the one who embraced Islam first, the correct view is that she is entitled to half, and the school of thought is that she has nothing. This is if it is before consummation. After consummation, if one of them embraces Islam: if the one who embraced Islam is the husband and the wife is a People of the Book, the marriage remains. If not, there is no discussion about the mahr, because it was settled by consummation. The discussion now is about the continuation of the marriage. We say the matter is suspended until the waiting period ends. If the second one embraces Islam before the waiting period ends, the marriage remains. If the waiting period ends and he has not embraced Islam, they are separated, and the marriage is not established. Shaykh al-Islam chose that the option remains after the waiting period ends, and that before the waiting period ends, there is no option, but whenever the second one embraces Islam, the marriage remains. And after the waiting period ends, it is by choice. He cited as evidence for this that the Messenger (peace and blessings be upon him) returned his daughter Zaynab to Abu al-As ibn al-Rabi' after six years of the Hijrah. And what Shaykh al-Islam said is the correct one, indicated by the Sunnah. For this reason, now, the path is blocked for many of the workers among us who want to embrace Islam. Two things block them. The first is the wife, and the second is their family. They say, "My family, I fear they will prevent me from my religion if I embrace Islam," and "I do not want to separate from my wife. I do not have, for example, money to pay the mahr." We say to them: Embrace Islam, and call your wife to Islam, perhaps Allah will guide her. And call your family to Islam as well, so do not despair. And success is from Allah.
The questioner : Many.
The Shaykh : If it is... a lot. And if it is in some other currencies, they say it is cheap. We say, one hundred million of what? I gave her a mahr of one hundred million, then someone came to the wife and said to her, "Embrace Islam and you will be safe." So she embraced Islam. Now, her Islam came before consummation. What is the ruling on the marriage? It is invalid. Why? Because a Muslim woman is not lawful for a disbeliever. The marriage is invalid. Now, regarding the mahr, which is one hundred million, does she get nothing? They say she gets nothing because the separation came from her side. The separation is the cause. Why? Because she embraced Islam. So the separation came from her side, and therefore she has nothing. Because the principle with us is that any separation that comes from the wife before consummation means she has no mahr. This is the rule, and the author has adopted this view. Based on this, we would punish this woman who embraced Islam by what? By depriving her of her share, even though what should be done is to reward her. For this reason, the stronger opinion, without a doubt, is that if she precedes him in embracing Islam before consummation, the marriage is annulled, and she is entitled to half the mahr. Because it is he who was negligent in delaying his Islam, as it is obligatory for him to hasten to embrace Islam. She preceded him in Islam, so we say she gets half the mahr, because this separation came from the side of the one who, in reality, is the husband, because the husband is obligated to embrace Islam but he delayed. The summary, my brothers, is that if Islam comes before consummation, we have two issues to discuss. The first issue is the continuation of the marriage, and the second issue is the mahr. Pay attention. As for the first issue, the discussion of the continuation of the marriage: if the Muslim is the husband and the wife is a People of the Book, the marriage is invalid. If she is the Muslim one, or if the Muslim is the husband and the wife is not a People of the Book, the marriage is annulled. This is with regard to the continuation of the marriage or its absence. As for the mahr, if he is the one who preceded, he owes half the mahr because the separation came from his side. If she is the one who preceded, she has nothing because the separation came from her side. This is what the author followed. The second opinion is that she is entitled to half the mahr, because she hastened to a matter that was obligatory upon both of them, so the one who delayed is the cause of the separation. This opinion is the stronger one: that she is entitled to half the mahr. All this discussion is in the case of what? Before consummation. As for after consummation, listen. He says: "If one of them embraces Islam after consummation, the matter is suspended until the waiting period ends. If the other embraces Islam during that time, the marriage remains; otherwise, its annulment becomes apparent from the time the first one embraced Islam". If one embraces Islam after consummation, it is known that separation after consummation necessitates a waiting period. So we say we wait until the waiting period ends. If the waiting period ends and the other has not embraced Islam, it becomes apparent that the marriage was annulled from the time the first one embraced Islam. If the other embraces Islam, he remains in his marriage. Pay attention, what are we discussing now? After consummation. Are we discussing the mahr after consummation? No, we are not discussing it, because the mahr is fully established by consummation, with no detail. Our discussion now after consummation is on one side only: the continuation of the marriage or its absence. We say if one of them embraces Islam, we tell her to observe the waiting period. The woman observes the waiting period, and you know the waiting period, if Allah wills, in what is to come. Let us say it is three menstrual cycles, three months. Yes. If the waiting period is completed and the other has not embraced Islam, it becomes apparent that the marriage was annulled from the time of her Islam. If he embraces Islam during the waiting period, the marriage remains as it is. This is a middle opinion between two opinions. The first opinion is that as soon as one of them embraces Islam, the marriage is annulled, and she observes the waiting period. Then, if he desires to contract a new marriage, he does so; otherwise, his marriage has ended. The second opinion is that it is not annulled, and that before the waiting period ends, the choice is with the husband, and after the waiting period ends, the choice is with the wife. This is the choice of Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him). He says that before the waiting period ends, the choice is with the husband. If he embraces Islam, she is his wife. After the waiting period ends, the choice is with the wife. If she wishes, she remains in the marriage; if she wishes, she marries. He cited as evidence for this that the Prophet (peace and blessings be upon him) returned his daughter Zaynab to Abu al-As ibn al-Rabi' after six years of the Hijrah and after approximately sixteen years of his Islam, meaning from her Islam. She embraced Islam at the beginning of the mission. The daughter of the Messenger (peace and blessings be upon him), and the Messenger (peace and blessings be upon him) returned her to him after arriving in Madinah by six years. He returned her without a new contract. And if the text is with one of the disputants, who is with the truth? The one who has the text. And based on this, we say that if one of the spouses embraces Islam before the other: if it is before consummation, we have two considerations. The first consideration is the marriage: does its contract remain or not? What is the answer? The marriage is invalid, unless the wife is a People of the Book and the Muslim is the husband. In this case, the marriage remains, because a Muslim husband is permitted to marry a woman of the People of the Book. As for the mahr, if the husband is the one who embraced Islam first, he owes half the mahr because the separation is from his side. If she is the one who embraced Islam first, the correct view is that she is entitled to half, and the school of thought is that she has nothing. This is if it is before consummation. After consummation, if one of them embraces Islam: if the one who embraced Islam is the husband and the wife is a People of the Book, the marriage remains. If not, there is no discussion about the mahr, because it was settled by consummation. The discussion now is about the continuation of the marriage. We say the matter is suspended until the waiting period ends. If the second one embraces Islam before the waiting period ends, the marriage remains. If the waiting period ends and he has not embraced Islam, they are separated, and the marriage is not established. Shaykh al-Islam chose that the option remains after the waiting period ends, and that before the waiting period ends, there is no option, but whenever the second one embraces Islam, the marriage remains. And after the waiting period ends, it is by choice. He cited as evidence for this that the Messenger (peace and blessings be upon him) returned his daughter Zaynab to Abu al-As ibn al-Rabi' after six years of the Hijrah. And what Shaykh al-Islam said is the correct one, indicated by the Sunnah. For this reason, now, the path is blocked for many of the workers among us who want to embrace Islam. Two things block them. The first is the wife, and the second is their family. They say, "My family, I fear they will prevent me from my religion if I embrace Islam," and "I do not want to separate from my wife. I do not have, for example, money to pay the mahr." We say to them: Embrace Islam, and call your wife to Islam, perhaps Allah will guide her. And call your family to Islam as well, so do not despair. And success is from Allah.