In The Name of Allah, Most Gracious, Most Merciful

Marriage status of a New Muslim woman with her non-Muslim husband"

All praise and thanks are due to Allah, and may the peace and blessings of Allah be upon His Messenger.

The following addresses the issue of marriage status of a Muslim woman with a non-Muslim man: “
 

Marriage of the people of the book (Christian or Jew) to a Muslim Woman

First: Initiation of a marriage between people of the book (Christian or Jew) and a Muslim woman

Allah says “…and do not give (believing women) in marriage to idolaters until they believe…” from Verse 221, Chapter 2 (Al-Baqarah)
The Arabic word in the verse is pronounced, by consensus of Quran reciters as Tunkehu (meaning to give your women in marriage)
There is consensus amongst the Ummah that the Mushrik (non-Muslim) is not to be permitted in any way of conjugal relationships with a Muslim woman.  And the meaning of the verse is that Allah has forbidden the believing women from marrying any kind of mushrik, regardless of whatever kind of shirk (faith other than Islam) he is following, So do not give them (believing women) as wives, O you who believe, to them (non-Muslims) for that is forbidden upon you.
And this applies whether the non-Muslim is of the people of the book (Christian or Jew) or otherwise, and whether the believing woman is free or a bondswomen.

You may refer to the following commentaries on the Quran:

 

Al-Tabari:    Jam’a Al Bayan Fi Taweel Ay Al Quran

Al Jusas:      Ahkam Al Quran

Ibn Arabi:    Ahkam Al Quran

Al Qurtubi:  Al Jam’a Lahkam Al Quran

Al Razi:       Mafateeh Al Ghayb (Al Tafseer Al Kabeer)
Ibn Hayaan: Al Tawheedy Al Bahr al Muheet

Al Hassan Al Naysapury:   Gharaib Al Quran Wa Raghaib al Furqan

Al Shawkany: Fath Al Qadeer

And Amongst the Contemporary Scholars:

Sheikh Mahamed Abdu and Sheikh Rashid Rida: Tafseer Al Manar

Al Sheikh Al Maraghy:  Tafseer Al Maraghy

Jamal Al Deen Al Qasimi:  Mahasin Al Ta’weel

Al Sheikh Abd Al Minam Te’alab: Fath Al Rahman

Al Sheikh Saeed Hawy: Al Assas Fil Tafseer

Al Sheikh Muhammad Aly Al Sabouni:  Tafseer Ayat Al Ahkam

Ustaz Sayed Qutb:  Fi Zilal Al Quran

Second:  A Woman who embraces Islam and is married to a non Muslim:

A women who embraces Islam and is married to a non-Muslim must be in one of the following situations:

• The husband embraces Islam with her at the same time
  
   

• She embraces Islam before him and before the consummation of marriage with him
  
   

• She embraces Islam before him and after the consummation of marriage with him

In the first situation: their marriage is deemed valid so long as there is no shariah prohibition to their marriage in the first place, such as blood or foster relations between them, and they are not in need of a new marriage in Islam.  And this ruling is agreed upon by the scholars.

In the second situation: they must separate immediately, whether her husband is of the people of the book (Jew or Christian) or otherwise, as it is not permissible for a Kafir to marry a Muslim woman.  And this ruling is also agreed upon by the scholars.

In the third situation: Scholars have agreed that the couple must separate and they have differed as to when separation should occur and whether this separation is considered Faskh (annulment of marriage) or Talaq (divorce).

Regarding this situation, the opinion of the four schools of jurisprudence is as follows:

Al Shafi and Ahmed said:  Separation occurs immediately upon her embracing Islam and it is considered Faskh not Talaq.

 

Malik Said:  The man should be invited to Islam, if he embraces Islam then she remains his wife and if he rejects then separation occurs from the time of her conversion. And some of the Maliki Scholars said: If he embraces Islam during her waiting period (Iddah) then their marriage is valid and if he doesn’t embrace Islam until her waiting period expires then separation occurs, and what is meant by separation here is divorce.  (During the waiting period, so long as her husband remains on his faith, she is forbidden from any kind of conjugal relations with him or anything leading to it.)

Abu Hanifa said:  If he is residing in a Muslim country, he is invited to Islam and if he rejects then separation occurs at the moment of his refusal.  In the case he is residing in a non-Muslim country then separation is dependent on the expiry of her waiting period (Iddah), If the husband doesn’t embrace Islam during this waiting period then separation occurs.   And what is meant by separation here is divorce. (During the waiting period, so long as her husband remains on his faith, she is forbidden from any kind of conjugal relations with him or anything leading to it.)

Refer to Al Mukhni by Ibn Qudama ^[1] – On the chapter concerning marriage to the people of shirk

Sheikh Yusuf Al Qaradawi may Allah protect him, has written a book which you may refer too, entitled “Fiqh of Muslim Minorities” in which he addresses this issue in depth and discuss other opinions apart from the four schools (Mazhabs).

And we advise not to take an opinion outside the four mazhabs except based on a clear fatwa from a knowledgeable, competent, highly qualified scholar.”

Allah Almighty knows best.

[1]  Al Mughni – Arabic Edition,  page 614 – A’lam Al Kitab publisher -Beirut


 

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