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The question

Do spouses who convert to Islam together affirm their previous marriage without a guardian and two witnesses, or must they conduct a new marriage contract that fulfills the conditions and pillars of marriage in Islam?

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Source: FtawySummarized from the full answer at Ftawy · reviewed Sep 2, 20261 min readAlso available in العربية
The answer

If two disbelieving spouses embrace Islam together, they remain married, and their marriage is not annulled unless there is a reason that necessitates it. They are not required to renew their marriage contract after embracing Islam. The Prophet, peace and blessings be upon him, upheld the marriages of disbelieving spouses and did not command them to renew their contracts, and this is a matter upon which scholars have reached a consensus. Therefore, one does not inquire about how the marriage took place before Islam, unless there was an existing invalidating reason such as an 'iddah (waiting period) or a prohibited degree of relationship. Jurists have affirmed the validity of the marriages of disbelievers, stating that they are not subject to the conditions of Muslim marriages concerning a guardian (wali), witnesses, or a specific formula. It is obligatory for a Muslim to abide by this ruling.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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