❖ Core Ruling:
When one spouse from a non-Muslim couple accepts Islam, the marriage is considered nullified (فسخ), and ʿiddah becomes obligatory.
This is established through the Qur’an, Sahih Hadith, and the understanding of the Salaf.
✿ Qur'anic Evidence:
﴿لَا هُنَّ حِلٌّ لَّهُمْ وَلَا هُمْ يَحِلُّونَ لَهُنَّ﴾
(Sūrah al-Mumtaḥanah: 10)
“They (believing women) are not lawful for them (disbelievers), nor are the disbelievers lawful for them.”
This verse clearly declares that a believing woman and her disbelieving husband are no longer in a valid marriage after her acceptance of Islam.✿ Practice from the Time of the Prophet ﷺ:
Narration from Ibn ʿAbbās (رضي الله عنهما):
The polytheists at the time were of two types:
➊ Those engaged in war (Ahl al-Ḥarb)
➋ Those under treaty (Ahl al-ʿAhd)
If a woman from Ahl al-Ḥarb accepted Islam and migrated to Madinah, she was not proposed for marriage until she experienced one menstrual cycle and then purified herself.
- If her husband accepted Islam before she married another, he could reunite with her.
- If not, the marriage was considered terminated.
Ṣaḥīḥ al-Bukhārī (Ḥadīth: 5286)Kitāb al-Ṭalāq: Bāb Nikāḥ Man Aslama Min al-Mushrikāt wa ʿIddatuhunna
✿ Statement from Imām al-Zuhrī (رحمه الله):
“We only received the ruling that when a woman migrated toward Allāh and His Messenger ﷺ, and her husband was a disbeliever residing in Dār al-Ḥarb, her migration separated her from her husband—unless he too migrated before her ʿiddah ended.
We have no record that separation was enforced if the husband arrived while she was still in ʿiddah.”
Al-Muwaṭṭaʾ (Vol. 2, Pg. 544)✿ Practical Ruling Derived:
✔ If either husband or wife embraces Islam, and the other does not, the nikāḥ is terminated (فسخ).
✔ The woman must observe ʿiddah (waiting period).
✔ After the ʿiddah ends, she is free to remarry.
✔ If she does not remarry and the husband accepts Islam during or after ʿiddah, and both wish to reunite, then:
- They may resume marital life without a new nikāḥ, based on the stronger view supported by evidence from the life of Zaynab (رضي الله عنها) and Abū al-ʿĀṣ (see prior article).
✿ Final Summary:
➤ When one spouse becomes Muslim:
- The marriage is nullified.
- ʿIddah is obligatory.
- If the other spouse accepts Islam within ʿiddah, reunion is allowed without a new contract.
- If after ʿiddah, and the woman has not remarried, they may reunite without new nikāḥ.
- If she has remarried, reunion is no longer possible.
This view aligns with:- Qur’anic injunctions
- Prophetic practice
- Understanding of Sahabah and Tabiʿīn
ھذا ما عندي واللہ أعلم بالصواب
