A man embraced Islam in
five years ago. His wife is still following Hinduism.
They had children. When he is asked about keeping her as a wife, he says that she will embrace Islam. I would like Your Eminence to answer the following questions for me: 1- What is the ruling on this marriage in Shari`ah (Islamic law)? 2- Is this man regarded as a Muslim in Shari`ah? 3- Is it permissible for this man to be alone in seclusion with this woman and to live with her while she is still adhering to this religion? (Part No. 18; Page No. 292) 4- How long should a person wait for his wife to embrace Islam before divorcing her? What is the ruling on Khulwah (being alone with a member of the opposite sex) and touching this woman? 5- What is the ruling on the children as their father became a Muslim and their mother is still a disbeliever? 6- What will be done if the wife embraces Islam later on? 7- What should we do if this man is unaware of these rulings?May Allah reward you well!
A- If the two disbelieving spouses embrace Islam together, their marriage bond will continue. This is because disbelievers used to embrace Islam along with their wives during the lifetime of the Prophet (peace be upon him) without being asked to separate. B- If one of the disbelieving spouses embraces Islam, they have to be separated from each other. If the other person embraces Islam during the period of `Iddah (woman's prescribed waiting period after divorce or widowhood), their marriage bond will not be violated. However, if the `Iddah is over before the other party embraces Islam, the marriage bond will come to an end. Allah (Exalted be He) says:
...then if you ascertain that they are true believers, send them not back to the disbelievers. They are not lawful (wives) for the disbelievers nor are the disbelievers lawful (husbands) for them.
Likewise hold not the disbelieving women as wives
C- Any children who are born to these disbelieving spouses will be ascribed to them if they were born before their parents embraced Islam. (Part No. 18; Page No. 293) The children who were born after their father embraced Islam while their mother is still a disbeliever will not be ascribed to their fathers. The marriage bond is severed if the husband embraces Islam and his wife is still a disbeliever until `Iddah is over. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.