Fatwaa ID: 831

Question:
Assalamu’alaikum

This is for a friend of mine and her husband who are both non-Muslims at the moment.
She is interested in converting to Islam however her husband is still unsure and somewhat hesitant about converting.
She had two questions…
If she were to convert would she still be allowed to remain married to her husband without him having the intention of converting within the following 3 months, if ever?
If they both were to convert, is their marriage still valid or would they have to get a Nikah done?

Answer:
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

May Allaah Ta’aala grant your friend and her husband hidaayah to Islam.

The answers to your queries are as follows:

1. If one spouse accepts Islam and the other does not, then the marriage breaks with immediate effect. There is no allowance for even a day, never mind 3 months. This is irrespective of either of their intentions. They must separate with immediate effect. Any spousal interactions thereafter will be impermissible.
2. If both accept Islam together, then their previous marriage will be recognized. There is no need to renew the nikaah.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
https://askthemufti.us/

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

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