Woman who accepts Islam and whose husband is a kaafir
If a lady reverts to Islam and is married to a
non-Muslim man, must she divorce this man? If he
refuses to become a Muslim, can she continue to live
with him?
All praise be to Allah the Almighty.
If a woman becomes a Muslima and her husband is a
kaafir, then it becomes mandatory for her to separate
from him and it is not permissible for her to remain
with him in his state of shirk (disbelief), as per
Allah's injunction (interpretation of the meaning):
"… do not send them back to the disbelievers—they are
not lawful (wives) for the disbelievers nor are the
disbelievers lawful (husbands) for them…"
(Al-Mumtahinah 60:10).
It is her duty to invite him to Islam and to attempt to
convince him via various approaches in the hope that
Allah may accept her efforts and give her the great
reward for his guidance through her. The prophet
(peace
be upon him) once told Ali (may Allah be pleased with
him) when he sent him to a people who were
idol-worshippers:
"Invite them to Islam and inform them what is required
of them, for (I swear) by Allah, that Allah guides a
man through you is better than if you had humr un-na'am
(a particular kind of camel which is the most
sought-after wealth among the Arabs)"
(Al-Bukhari, Fath il-Baari 3009).
As for the course of the marriage, and what she should
do if her husband accepts Islam or doesn't, Ibn
ul-Qayyim (may Allah have mercy upon him) said: What is
indicated by evidence of his
(i.e.,
the prophet's) ruling is that the marriage is mawqoof,
or in abeyance (i.e. suspension); if her husband
accepts Islam before the elapsing of her 'iddah
(waiting period), then she remains his wife. If her 'iddah
elapses then she has the right to marry whom she
pleases or if she likes she may wait (in the hope he
may still accept Islam). If he then accepts Islam, she
becomes his wife without need of renewing the marriage.
(Zaad ul-Ma'aad, Vol 5 p.138).
wallahu a'lam. (And Allah the Most Knowledgeable knows
what is the most true and correct) |