Is it permissible for a Muslim man to marry a woman who has recently converted to Islam and is pregnant by her former disbelieving husband, who rejected Islam, and this is before the expiration of her waiting period by childbirth? And does her former husband truly have a waiting period (iddah)? And what is the ruling if her former husband converts to Islam before the expiration of her waiting period and claims her back?
If both spouses embrace Islam together, or if the husband embraces Islam while his wife is a Kitabiyyah (a woman of the People of the Book), the marriage remains valid. However, if the wife embraces Islam before her husband, they must be separated, because it is impermissible for a non-believer to marry a Muslim woman.
If they are separated, the wife must observe the 'iddah (waiting period): by delivering the baby if she is pregnant, or by three menstrual cycles if she is not pregnant.
No one is permitted to marry her before the completion of her 'iddah, and whoever does so, their marriage is invalid. If her non-Muslim husband embraces Islam while she is still in her 'iddah, he may take her back without a new contract or mahr (dowry). Some scholars have even allowed this even if she has completed her 'iddah, as long as she has not remarried.
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