Are the marriages of disbelievers valid if they only believe them to be so, and do we consider their marriages valid if the conditions for the marriages of Muslims are met by them, even if they do not believe them to be so? And are apostates treated like disbelievers, and are their marriages valid if they believe them to be so, or is it a condition that other pillars are present? And is it permissible for a woman to continue her life with another man after she embraced Islam subsequent to an "offer and acceptance formula" with another person, and then she embraced Islam again after she was betrothed to another person?
For the validity of marriages among disbelievers, it is stipulated that they believe in its validity according to their own religion, and that they do not resort to our judgment before the contract. As for the apostate, his disbelief is more severe than that of an original disbeliever. His marriage during his apostasy is not valid and is not recognized by the majority of scholars, whether he marries a Muslim woman, an apostate woman, or a disbeliever. Marriage relies on religious affiliation, and an apostate has no religion. He is liable to be killed, and a marriage contract from him is not valid.
The questioner’s conversion to Islam was two months ago, and her marriage was before that. The wife’s Islam was not complete at the beginning. If the wife pronounced the two testimonies (Shahadatayn) and believed in the truth of Islam, then she is a Muslim.
If the wife embraced Islam before her husband, they are separated immediately upon her conversion because it is not permissible for a Muslim woman to marry a non-Muslim. She then observes her waiting period (iddah). If the husband embraces Islam during her iddah, the previous contract is sufficient. If the iddah expires and he has not embraced Islam, she gains control over her own affairs.
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- Original fatwa ID
- 191097
- Imported
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