nero_12909706Zwei Fatwas wenn die Frau während der Ehe Muslima wird
Does she have to leave her husband if he does not become Muslim?
Does a woman have to leave her kaafir husband if she becomes Muslim? What is the ruling if she refuses to leave him?.
Praise be to Allaah.
If a woman becomes Muslim and her husband is a kaafir, then the marriage is annulled, but she may wait until the iddah ends, then if the husband becomes Muslim during that time, then she is still his wife, but if he does not become Muslim before the iddah ends, then the annulment of the marriage becomes clear, starting from the time she became Muslim.
Can he go back to her if he becomes Muslim after the iddah ends?
There are two scholarly opinions concerning that. The more correct view is that he may go back to her if she agrees, because the Prophet (peace and blessings of Allaah be upon him) sent his daughter back to Abul-Aas ibn al-Rabee several years after she became Muslim, when he also became Muslim.
But if she refuses then they must be separated by force by the judge. End quote.
Shaykh Ibn Uthaymeen (may Allaah have mercy on him)
Al-Ijaabaat al Asilah al-Jaaliyaat (01/11, 12).
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She has embraced Islam but her husband is still a kaafir. What should she do?
What is the ruling about remaining in a marriage when the wife has become a Muslim but her husband is still a kaafir? She has children with him and is afraid that they may go astray and be lost, and she hopes that her husband may be guided to Islam if she stays with him.
Praise be to Allaah.
As soon as a woman embraces Islam and her husband refuses to do likewise, the marriage is annulled and it is not permissible for her to live with him. But she should wait out the length of the iddah period. If he embraces Islam, she may go back to him and the previous marriage contract is still counted as valid, but if he does not embrace Islam before the iddah is over, then they are no longer married. If he subsequently embraces Islam and they want to get back together, a new marriage contract must be drawn up. It is not permissible to continue the marriage on the basis of being kind to him.
Majma al-Fiqh al-Islami (Islamic Fiqh Council), p. 43.
The children should follow the Muslim parent, so try your best to get custody of them. May Allaah help us and help you by His kindness and mercy.
Islam Q&A
Sheikh Muhammed Salih Al-Munajjid