What is the ruling on a woman who has embraced Islam while her husband remains a Christian?
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Question:
He says: A maid from the Philippines has embraced Islam, and she has children, but her husband is still a Christian. She was told that she must not return to her husband, but she said, "I am unable to do so." What is the ruling in this case?
Answer:
If she embraces Islam and her husband remains a Christian, she must not return to him; rather, she must refrain from him until he embraces Islam. If he embraces Islam while she is still in her waiting period, he is her husband. If she completes her waiting period, she is divorced from him at that time.
Some scholars have said that she is not divorced from him if he embraces Islam afterward, provided she has not married another, the marriage has not been annulled, and he has not divorced her.
In any case, once she completes her waiting period, the marriage is ended. She is permitted to marry, and the judicial authority may marry her off, because her marriage has ended with the completion of her waiting period. However, if she waits in the hope that he may embrace Islam, the correct view is that he returns to her, even after the waiting period. This is because the Messenger of Allah (peace and blessings be upon him) returned his daughter Zaynab to Abu al-As ibn al-Rabi' when he embraced Islam in the Year of the Conquest, although several years had passed, because she was waiting for him. This is the correct view.
If she marries after the waiting period and does not wait for him, there is no blame on her. She must fear Allah (Exalted and Majestic is He) and know that this is the legal ruling. Her Muslim brothers must teach and guide her so that she does not return to him and so that she does not apostatize from her religion. We ask Allah for safety.
He says: A maid from the Philippines has embraced Islam, and she has children, but her husband is still a Christian. She was told that she must not return to her husband, but she said, "I am unable to do so." What is the ruling in this case?
Answer:
If she embraces Islam and her husband remains a Christian, she must not return to him; rather, she must refrain from him until he embraces Islam. If he embraces Islam while she is still in her waiting period, he is her husband. If she completes her waiting period, she is divorced from him at that time.
Some scholars have said that she is not divorced from him if he embraces Islam afterward, provided she has not married another, the marriage has not been annulled, and he has not divorced her.
In any case, once she completes her waiting period, the marriage is ended. She is permitted to marry, and the judicial authority may marry her off, because her marriage has ended with the completion of her waiting period. However, if she waits in the hope that he may embrace Islam, the correct view is that he returns to her, even after the waiting period. This is because the Messenger of Allah (peace and blessings be upon him) returned his daughter Zaynab to Abu al-As ibn al-Rabi' when he embraced Islam in the Year of the Conquest, although several years had passed, because she was waiting for him. This is the correct view.
If she marries after the waiting period and does not wait for him, there is no blame on her. She must fear Allah (Exalted and Majestic is He) and know that this is the legal ruling. Her Muslim brothers must teach and guide her so that she does not return to him and so that she does not apostatize from her religion. We ask Allah for safety.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
