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WHAT HAPPENS TO A MARRIAGE IF ONE OF THE COUPLE CONVERTS TO ISLAM?

January 13, 2012

Bismillah al-Rahman al-Rahim

WHAT HAPPENS TO A MARRIAGE IF ONE OF THE COUPLE CONVERTS TO ISLAM?

 Traditional Islamic jurisprudence says that Muslims should only marry each other.  The only exception to this is that Muslim men are allowed to marry women who are Ahl al-Kitab (People of Scripture), usually limited to Jews and Christians.  Traditionally, Muslim women were not allowed to marry non-Muslim men.  But what happens to a non-Muslim couple who are married, and later one or both of them convert to Islam?  Here are some fatwas on the issue, that slightly differ from each other:

A. Fatwa of The European Council for Fatwa & Research, including Sheikh Yusuf al-Qaradawi, Sheikh ‘Abdullah bin Bayyah, Sheikh ‘Abdullah al-Judai, Sheikh Suhaib Hasan and others (from Sheikh ‘Abdullah bin Bayyah, Sina’at al-Fatwa, pp. 356-7)

  1. If both of the couple become Muslim, and they are not close relatives by blood or suckling that would make the marriage invalid, their marriage continues in its validity. (NB they do not need an Islamic nikah ceremony.)
  2. If only the husband converts to Islam, they are not close relatives and the wife is a person of scripture, their marriage continues in its validity.
  3. If only the wife converts to Islam, the view of the Council is that: a) if she converts before the marriage is consummated, she must leave him immediately; b) if she converts after consummation and her husband converts within 3 months or within 3 of her monthly cycles, their marriage continues in its validity; c) as before, but if a long time period has passed, she may remain with him in the expectation that he will convert also.  If he eventually converts, their marriage continues in its validity, without needing a new marriage ceremony.  d) If she wishes to leave her husband after the 3-month time period, she should seek dissolution of her marriage from the relevant authorities.

4. If the wife is Muslim and the husband is not, the four Madhhabs do not allow her to remain with him after the expiry of the 3-month period, or to have sexual relations with him.  However, some scholars allow her to remain with him, fully-married, as long as he does not harm her regarding her religious practice and as long as she has hope that he will also convert to Islam eventually.

It is authentically narrated from ‘Umar bin al-Khattab that a woman became a Muslim while her husband remained non-Muslim: he ruled, “If she wishes, she may leave him or if she wishes, she may remain with him.”  Also, there is an authentic narration from ‘Ali bin Abi Talib: “If the wife of a Jewish or Christian man becomes Muslim, he is entitled to remain her husband, since he has a covenant with the Muslims.”  Similar views are authentically-narrated from Ibrahim al-Nakh’i, Imam Sha’bi and Hammad bin Abi Sulayman.

 

B. FATWA OF SHEIKH ‘ABDULLAH AL-JUDAI (from his book Islam Ahad al-Zawjayn, pp. 249-251)

  1. There is no decisive, unequivocal text (nass qati’) about this matter.
  2. There is no consensus (ijma’) about this matter.
  3. Pre-Islamic marriages are sound and valid.  They can only be annulled for definite reasons.  Difference of religion is not a definite cause of invalidity due to the absence of an unequivocal text and due to the existence of a difference of opinion about the matter.
  4. Evidence from the Qur’an and Sunnah shows that a couple remaining together with a difference of religion does not damage the basis of their faiths.  Their relationship remains sound, not corrupt.
  5. The simple fact that one of them converts to Islam does not invalidate the marriage.
  6. Despite the multitude of people converting to Islam in his time, it is not recorded at all that the Prophet (pbuh) separated a husband and wife or ordered their separation due to one of them converting, or due to one of them converting before the other.  What is authentic from him is the opposite, as in the case of his daughter Zaynab who remained married to Abul-‘As for six years after she converted to Islam and before he did so, just before the Conquest of Mecca and after the revelation of Surah al-Mumtahinah.  The most that happened was that she emigrated and left him in Mecca after the Battle of Badr, but her emigration (hijrah) did not nullify their marriage.
  7. To say that the ayah of al-Mumtahinah ends marital relations due to a difference of religion is not correct.  It only applies when one spouse is at war with Islam (harbi), not simply a non-Muslim (kafir).
  8. The ayah of al-Mumtahinah allows a believer to marry a believing woman whose husband is at war with Islam.  It does not obligate this.  The story of Zaynab shows that a woman’s marriage to a non-Muslim (harbi) man changes from being binding to being allowed.  The reason for this is the difficulty of her returning to her harbi husband, and the difficulty she faces without a husband.
  9. The ayah forbids a Muslim man from retaining a non-Muslim wife who has not joined him in emigrating from a land of kufr to a land of Islam, or has fled from him, renouncing her faith and joining non-Muslims who are at war with Islam.  The reason for this is to prevent an inclination towards ones enemies, as happened with Hatib bin Abi Balta’ah, who wrote to the polytheists about some of the movements of the Muslims due to the presence of some of his relatives in Mecca.
  10. When one of the couple converts to Islam whilst the other is not at war with Islam, they are allowed to remain together.  They are not separated simply due to difference of religion.  The evidence for this is the practice of the Prophet (pbuh) and the Companions regarding those who embraced Islam in Mecca before the Hijrah and at the Conquest of Mecca.  This was also the fatwa given by ‘Umar during his caliphate without any opposition, and also by ‘Ali.
  11. A difference in religion due to the conversion of one of the couple to Islam allows the annulment of the marriage but does not obligate it, as shown by the judgment of ‘Umar with the endorsement of the Companions.
  12. The conclusions of the Madhhabs in this matter are not to be given precedence due to their opposition to what is established, weakness of evidence (dalil), weakness of juristic indication (istidlal), or all of the above.
  13. The allowance for the couple to remain together means that their marital life together is permitted, including sexual intercourse.

 

C. TAKING INTO ACCOUNT THE LIKELY EFFECTS ON CHILDREN

The majority of jurists regard a man who doesn’t pray regularly out of laziness as still a Muslim and not a kafir, so his wife is not obliged to divorce him.

In certain situations, the wife is allowed to have patience and persevere with her marriage, despite the objectionable behaviour of her husband, especially if she has children from him and she fears that they will become psychologically ruined and wasted.

(Sheikh ‘Abdullah bin Bayyah, Sina’at al-Fatwa, p. 353)

Compiled and translated by Usama Hasan, London, 13th January 2012

Minor updates: 21/12/2015

A PDF version of this article can be found here: One of a couple converting to Islam

Update: 26/01/2017

D. A SIMILAR ANSWER GIVEN BY SHAYKH GIBRIL FOUAD HADDAD

Q&A reposted from http://eshaykh.com/halal_haram/convert-required-to-divorce-non-muslim-spouse/

Convert required to divorce non-Muslim spouse?

Posted on December 20, 2015 by Shaykh Gibril Fouad Haddad

Question:

As-salamu ‘alaikum,

An urgent question that has certainly come up again and again, requiring an absolutely authoritative answer, is what is to be done if a married woman accepts Islam but her husband does not.

Let’s say as an extreme example that they’ve been married for fifty years, have ten children together and love each other dearly. The wife has no job skills with which to provide for herself, much less for her children; the husband is ill or handicapped and his wife takes care of his needs. He’s fine with her new faith and lets her practice as she likes and teach it to their children but does not want to accept or commit to it for himself.

What to do? Telling a Muslim woman who is already married to a non-Muslim man that she must divorce him because staying with him is haram, deserves the death penalty and will earn her Hell isn’t the same thing as telling an unmarried Muslimah that their intended marriage to a non-Muslim man is prohibited and will nullify her profession of Islam. Moreover, there are no children involved who love their father and might end up traumatized and hating Islam if it the breakup of the household. Additionally, forcing *already-married couples *to break up would certainly deter many non-Muslim women from converting to Islam, no matter how much they may wish to if it means breaking an existing or possible future marriage.

Please understand that I’m not arguing with Allah Subhanuhu wa T’a’ala. Hasha,  God forbid! Rather, I’m just trying to understand how the Islamic Shar’iah deals with this specific situation, which is certainly not rare in our time. The website,

https://unity1.wordpress.com/2012/01/13/what-happens-to-a-marriage-if-one-of-the-couple-converts-to-islam/

deals with the issue but I need to know how acceptable this opinion is for Ahl-us-Sunnah wal-Jam’ah. May Allah greatly reward you for any help you can give.

Answer:

Alaykum salam,

If there is acceptance on his part and tolerance for his wife’s religion then there is hope for himself eventually accepting Islam. This hope is the basis for validating the continuity of their marriage as in the case of Fatima bint Asad and her non-Muslim husband Abu Talib.

And Allah knows best.

Hajj Gibril Haddad

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A detailed fatwa about music and singing – by Sheikh Abdullah al-Judai

February 13, 2010

With the Name of Allah, All-Merciful, Most Merciful

The fatwa is given below, and in PDF format here: Juday – Music and Singing – Conclusions

Some of the Sheikh’s analysis of texts from the Qur’an and Hadith on the subject are found in this presentation here.

A brief biography of Sheikh ‘Abdullah al-Judai can be found here.

Ibn Khaldun on music & singing (pp. 328-331 of the Muqaddimah, abridged translation by Rosenthal/Dawood).

A DETAILED FATWA ABOUT MUSIC & SINGING

by Sheikh ‘Abdullah b. Yusuf al-Juday’

Taken from the author’s al-Musiqi wa l-Ghina’ fi Mizan al-Islam (“Music & Singing in the Balance of Islam”), Al Judai Research & Consultations, Leeds, UK, 1425/2004, pp. 597-601

Translation by Usama Hasan, 13th February 2010

SUMMARY & CONCLUSION

After this detailed presentation of the evidence and legal ruling related to the two issues of music and singing in respective, detailed chapters, I now highlight briefly the main conclusions of this study:

  1. There is no consensus (ijma’) about the legal ruling on music and singing, whether considered together or as separate issues.
  2. There is no unequivocal text (nass) from the Noble, Generous Qur’an that speaks about these two issues.
  3. There is no unequivocal text (nass) from the Sunnah that definitely forbids music or singing.
  4. In the legal positions (madhahib) of the Companions and Successors, there is no clear prohibition of music or singing.  Rather, some of them listened to music and singing and permitted this.  Precursors of the view of prohibition began to appear after them, but without indisputable, clear-cut prohibition.
  5. To claim that the Imams of the four main Sunni Madhhabs agreed on the absolute prohibition of music or singing is inaccurate.
  6. The issues of music and singing return to the basic principle (asl) in matters of habits and objects, and the established position based on evidence in this regard is one of permission (ibahah), which cannot be modified without evidence.
  7. The basic principle (asl) in sounds and speech is the permissibility of making and listening to these, and similarly for humming.  A beautiful voice or sound, in itself, is a blessing (from God).
  8. All that is narrated in condemnation of music and singing, which some hold to, thinking it is legal evidence, includes very little that is clear and indisputable.  The latter is not authentically-narrated, and it is not permissible to base legal judgments on unsound narrations.
  9. Those texts from the authentic Sunnah which the prohibitors of music and singing think is legal evidence, are in reality evidence against them to falsify their claims.  Rather, there are numerous unequivocal texts (nusus) in the authentic Sunnah that confirm the basic principle and necessitate the view that music and singing are permissible.

A Principled Judgment on Music and Singing

  1. Musical instruments were found in Arabian society before Islam and remained afterwards: no clear-cut, authentic, indisputable text (nass) came to forbid these.
  2. Sounds arising from musical instruments are lawful (halal) in principle.  They remain within the sphere of permissibility unless they are used as a means towards disobedience (of God).
  3. The exact definition of permissible singing is: that which involves intrinsically-permissible words or lyrics, whether or not it is accompanied by music.
  4. Use of the permissible for purposes involving vice changes the ruling of permissibility to prohibition in that circumstance, not in general.
  5. There is no distinction between men and women in the ruling of permissibility for music and singing.
  6. Males listening to the singing of females, or vice-versa, is intrinsically harmless: this is authentically-narrated in several evidential texts.
  7. The usage and learning of music and singing are permissible (mubah), since there is no basis to forbid what is permissible in principle.A ruling derived from this is that practising the arts of music and singing, being attracted to these or listening to them, do not by themselves damage the integrity (‘adalah) of a person.
  8. To amuse oneself by songs, whether these are called “Islamic” or “national” or other, is permissible and allowed (mubah ja’iz), whether accompanied by music or not, as long as the lyrics are intrinsically acceptable (mashru’ah).As for the remembrance of Allah Exalted by words of sanctification and praise, and as for prayers of blessing upon His Prophet, may Allah bless him and grant him peace, it is acceptable and encouraged to gather together for such purposes.  It is permissible to do this melodiously (bi l-taghanni), as it is permissible to recite the Qur’an melodiously.  However, it should be noted that all of this is worship (‘ibadah) and not amusement (lahw), and so it cannot be accompanied by music because the latter is a form of amusement, and amusement cannot be a means of worship.  Similarly, it was disliked to use the trumpet or bell to call people for prayer, and the announcement by a human voice (adhan) was legislated instead.
  9. The ruling on music and singing does not differ in our times from previous ages.  Any judgment on what is popular in these matters is based on the individual lyrics.  If these lead to a prohibited matter, then the judgment is one of prohibition (haram).  If it (permissible music and singing) is accompanied by prohibited scenes, such as the uncovering of private parts (‘awrah), the forbiddance would extened to looking at such scenes, but not to the music and singing itself.

I conclude with the following words:

Firstly, music and singing are forms of amusement (lahw), so the basic principle is that they should be used to realise recognised benefits (maslahah mu’tabarah) such as expressing acceptable happiness or warding off boredom and tedium.  If they are used too much, the benefits will be correspondingly obstructed.  The permissible is harmless as long as it does not overcome the obligatory or recommended, or lead to what is prohibited or disliked, in which case it changes from being permissible to being prohibited or disliked.

Secondly, the fact that many people exceed the bounds of permissibility with such amusement does not falsify the basic principle regarding music and singing.  What is rejected of their actions is what is excessive, and it is not allowed to make changing times or improper use into a reason to prohibit the permissible.  Keeping people to the basic principle of the Law is safest for the responsibility of the person of knowledge, even if this agrees with the desires of a person of lust, for the sin is not incurred by doing what is lawful (halal), but by falling into the prohibited (haram).

Thirdly, the way to recognise the lawful (halal), the prohibited (haram) and the major symbols (sha’a’ir) of Islam is the Book and the authentic Sunnah, based upon clear principles and evident rules. It is not by rejected and fabricated ahadith, or by opinions devoid of proof or baseless views.  Otherwise, whoever wished to could say whatever they wanted, and people’s religion would become corrupted for them.  This is just one issue where you can see how far false narrations and weak opinions have played with the views of many people, whilst infallibility is only for the Messenger of Allah, may Allah bless him and grant him peace, in what he conveyed on the authority of his Lord, Most Exalted.

This conclusion to this study will not agree with the wishes of many people, but it is enough for me that I have only arrived at it in the light of the evidence and proof of the Law, following the guidance of the basic principles and proper analysis in matters of disagreement with my opponents.

Thus, if you would like to criticise me in any aspect, let it be with arguments from the Book, the authentic Sunnah or agreed principles, not with mere opinion, for one opinion defeats another by its argument.  The most critical thing that can be said about someone who holds such as a view (as mine), it that he is to be excused according to the extent of his striving (ijtihad) and rewarded for his good intentions. Perfection is neither my attribute nor yours, and I have sought an excuse for you despite my disagreeing with your view and refuting it.

Further, I entreat you by Allah, do not refer the argument to the view of the “minority” or the “majority,” or to the dominant fatwa in a particular country, for these are not the refuges of intelligent authorities but rather, such is the state of those who follow uncritically.  And that is enough for you!

Moreover, I entreat you by Allah, do not say to me, “Your view is a tribulation (fitnah),” for tribulation lies in what opposes the message of the Messenger, may Allah bless him and grant him peace, as Allah Exalted said, “Let those who oppose his command beware that a tribulation or painful punishment may befall them.” (Al-Nur or Light, 24:63)  I have referred both you and me in judgment to what the Messenger, may Allah bless him and grant him peace, brought: I have arrived at a view different to yours.  Tribulation lies in concealing the verdict of the Law and covering it up, imagining that exposing it will mislead the masses.

It is Allah alone whom I ask for forgiveness for slips of the mind and tongue, and excesses of the pen and hand.

I also ask Him, Blessed and Exalted, to accept from me my efforts with this book, and similarly for those who have helped me from my family and brethren.  I ask Him to make this and other studies of mine examples that are followed in analysing many issues for this nation: by referring to principles and not to disagreement.  He is the One Whose Help is Sought, and there is no change of state or power except by Him.

You are Glorified, O Allah, and Praised.  There is no god but You.  I seek Your forgiveness and turn in repentance to You.

May Allah bless our master Muhammad, his family and companions, and grant them peace.

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