STATUS OF MARRIAGE AFTER REVERSION

Hard Rock Moslem

I'm your brother
Assuming one of the spouse reverted to Islam and the other spouse initially refused to follow but finally reverted after few months, let's 6 months later. Will the couple need to remarry according to Islamic customs?

What I'm aware if the couple embrace Islam together their marriage is valid or the spouse must revert to Islam within 3 months to save their marriage.

Can someone provide me some proof from Holy Qur'an, al-Hadith or fatwa? Thanking you in advance.
 

runayrus

Yearning Slave
Assalamualaikum brother,

Good question!

I hope these help us all.


Husband and wife converted together; do they need to do a new marriage contract?​

Some Muslims made da’wah to call a family, consisting of a husband and wife, to Islam. They embraced Islam and came together to the Islamic centre to declare their Islam. Do they have to do a new marriage contract or not?

Praise be to Allaah.

Ibn Qudaamah (may Allaah have mercy on him) said:

“Chapter Three: if the husband and wife become Muslim together, then they keep their original marriage contract, whether this happens before the marriage is consummated or after. There is no dispute among the scholars on this matter, praise be to Allaah.

Ibn ‘Abd al-Barr mentioned that there is scholarly consensus on the matter. The reason is that there is no difference of religion between the spouses. Abu Dawood reported from Ibn ‘Abbaas that a man came to declare his Islam at the time of the Messenger of Allaah (peace and blessings of Allaah be upon him), then his wife came to declare her Islam. [The man] said: ‘O Messenger of Allaah, she became Muslim when I did.’ So the Prophet (peace and blessings of Allaah be upon him) returned her to him.”

(al-Mughni, part 7, Ahkaam al-Nikaah).

On the basis of the above, their original marriage contract is sufficient, and there is no need for them to do a new one. And Allaah knows best.



Okay that's one. Here's another.


A Christian woman is asking whether her marriage to a Muslim is valid​

I am a Christian woman, recently married to a Muslim man. Due to our different beliefs, we were married in a courthouse, as opposed to a Mosque. Does the Muslim belief still see this as a "real" marriage? I have researched this, and was surprised to read that the Islam belief does not honor this as a real wedding? Please confirm...I am very much in love with this man!

Praise be to Allaah.

Firstly: if the marriage contract was done with:

1. the proposal of your guardian – who may be your father or whoever is acting in his place if he is not there, on the condition that he is of the same religion as you – by his saying, for example, “I offer my daughter in marriage to you.”

2. Acceptance on the part of the husband by saying, for example, “I accept.”

3. The contract was done in the presence of two Muslim witnesses

– then the marriage is valid. (For more details on the conditions of marriage, see question no. 2127 and the section on conditions of marriage on this web site). If any of these conditions is missing, then the marriage is not valid, and you have to do it again. The place where the marriage contract is done does not have any effect on the validity of the marriage.

Secondly: this question caught our attention because of your keen interest in finding out the rules of the Islamic religion concerning this matter. Perhaps this will lead you to enquire about greater realities, the most important of which is, which is the true religion?

Permit us to ask you the following questions:

Do you want a happy life? Do you care about finding contentment? Are you looking for the truth? Do you want a good and righteous life for your children?

If you do, then please – may Allaah guide you and us to the truth – consider the following:

That Allaah has created mankind for a great purpose, which is to worship Allaah alone with no partner or associate. Allaah says (interpretation of the meaning):

“And I (Allaah) created not the jinn and mankind except that they should worship Me (Alone).

I seek not any provision from them (i.e. provision for themselves or for My creatures) nor do I ask that they should feed Me (i.e. feed themselves or My creatures).

Verily, Allaah is the All-Provider, Owner of Power, the Most Strong”

[al-Dhaariyaat 51:56-58]

Allaah sent the Messengers to call mankind to this purpose. He said (interpretation of the meaning):

“And verily, We have sent among every Ummah (community, nation) a Messenger (proclaiming): “Worship Allaah (Alone), and avoid (or keep away from) Taaghoot (all false deities, i.e. do not worship Taaghoot besides Allaah).” Then of them were some whom Allaah guided and of them were some upon whom the straying was justified. So travel through the land and see what was the end of those who denied (the truth)”

[al-Nahl 16:36]

Then Allaah sent the final Messenger, Muhammad (peace and blessings of Allaah be upon him). He was the last of the Prophets and Messengers. Allaah says (interpretation of the meaning):

“Muhammad is not the father of any of your men, but he is the Messenger of Allaah and the last (end) of the Prophets. And Allaah is Ever All-Aware of everything”

[al-Ahzaab 33:40]

“Muhammad is the Messenger of Allaah. And those who are with him are severe against disbelievers, and merciful among themselves. You see them bowing and falling down prostrate (in prayer), seeking Bounty from Allaah and (His) Good Pleasure. The mark of them (i.e. of their Faith) is on their faces (foreheads) from the traces of prostration (during prayers). This is their description in the Tawraat (Torah). But their description in the Injeel (Gospel) is like a (sown) seed which sends forth its shoot, then makes it strong, and becomes thick and it stands straight on its stem, delighting the sowers, that He may enrage the disbelievers with them. Allaah has promised those among them who believe (i.e. all those who follow Islamic Monotheism, the religion of Prophet Muhammad till the Day of Resurrection) and do righteous good deeds, forgiveness and a mighty reward (i.e. Paradise)”

[al-Fath 48:29]

One of the reasons why He sent the Messengers was so as to establish proof against mankind, lest they say, “No Messenger came to us and no one told us that Allaah commanded us to worship Him.” Allaah says (interpretation of the meaning):

“Verily, We have sent the Revelation to you (O Muhammad) as We sent the Revelation to Nooh (Noah) and the Prophets after him; We (also) sent the Revelation to Ibraaheem (Abraham), Ismaa‘eel (Ishmael), Ishaaq (Isaac), Ya‘qoob (Jacob), and Al-Asbaat [the offspring of the twelve sons of Ya‘qaab (Jacob)], ‘Eesa (Jesus), Ayyoob (Job), Yoonus (Jonah), Haaroon (Aaron), and Sulaymaan (Solomon); and to Daawood (David) We gave the Zaboor (Psalms).

And Messengers We have mentioned to you before, and Messengers We have not mentioned to you, — and to Moosa (Moses) Allaah spoke directly.

Messengers as bearers of good news as well as of warning in order that mankind should have no plea against Allaah after the (coming of) Messengers. And Allaah is Ever All-Powerful, All-Wise

[al-Nisaa’ 4:163-165]

We call you, and everyone who does not follow the religion of Islam, to hasten to obey the command of Allaah by believing in Him alone, with no partner or associate, and to believe in His Prophet Muhammad (peace and blessings of Allaah be upon him), whom Allaah sent to all of creation, men and jinn alike. Allaah has commanded them to do this, as He says (interpretation of the meaning):

“O mankind! Verily, there has come to you the Messenger (Muhammad) with the truth from your Lord. So believe in him, it is better for you. But if you disbelieve, then certainly to Allaah belongs all that is in the heavens and the earth. And Allaah is Ever All-Knowing, All-Wise.

O people of the Scripture (Christians)! Do not exceed the limits in your religion, nor say of Allaah aught but the truth. The Messiah ‘Eesa (Jesus), son of Maryam (Mary), was (no more than) a Messenger of Allaah and His Word, (“Be!” — and he was) which He bestowed on Maryam (Mary) and a spirit (Rooh) created by Him; so believe in Allaah and His Messengers. Say not: “Three (trinity)!” Cease! (it is) better for you. For Allaah is (the only) One Ilaah (God), glory is to Him (Far Exalted is He) above having a son. To Him belongs all that is in the heavens and all that is in the earth. And Allaah is All-Sufficient as a Disposer of affairs”

[al-Nisaa’ 4:170-171]

Allaah has told us in His Noble Book (the Qur’aan) that He does not accept any religion other than Islam. Allaah says (interpretation of the meanings):

“And whoever seeks a religion other than Islam, it will never be accepted of him, and in the Hereafter he will be one of the losers”

[Aal ‘Imraan 3:85]

“Allaah bears witness that Laa ilaaha illa Huwa (none has the right to be worshipped but He), and the angels, and those having knowledge (also give this witness); (He always) maintains His creation in justice. Laa ilaaha illa Huwa (none has the right to be worshipped but He), the All-Mighty, the All-Wise.

Truly, the religion with Allaah is Islam. Those who were given the Scripture (Jews and Christians) did not differ except, out of mutual jealousy, after knowledge had come to them. And whoever disbelieves in the Ayaat (proofs, evidences, verses, signs, revelations, etc.) of Allaah, then surely, Allaah is Swift in calling to account

[Aal ‘Imraan 3:18-19]

Do not forget that if you become Muslim, it will be better for your children, so that they will not be confused or suffer from mental anguish, and say, “Our father is a Muslim and our mother is a Christian, so who should we follow?”

Perhaps thinking through these matters more deeply will lead to a good result, by Allaah’s leave. Strive to read a sound translation of the Qur’aan, which is considered to be the miracle of the Prophet of Islam, then read the biography of the Messenger Muhammad (peace and blessings of Allaah be upon him), and how Allaah granted success to him and his Companions, and how Allaah supported him with miracles, such as making water flow from between his fingers and the splitting the moon, when the mushrikoon (polytheists) asked for a sign – so he commanded the moon to split, and it split in two – and other events which are recorded in his Seerah (biography). And he also spoke of unseen matters which could not be known except by means of Revelation, such as when he said that the empires of the Persians and Romans (Byzantines) would be conquered before it happened, and other matters which are indicative of his Prophethood. We ask Allaah to guide us all.

I guess for this last question, the person who answers is trying the soft approach. I don't think I am really answering your questions brother. Harap ada orang lain dapat membantu, Insha'Allah.
 

muthmainnah

Junior Member
I hope this explanation below will clear the problem:

Q:
She became Muslim approximately two weeks before her husband; is their marriage invalid?

We are new reverts and have been told our marriage is no longer valid as far as within Islam. I reverted on 16Feb2001 and at the time my husband refused. I left him and went to stay with a good friend. On 2Mar2001, I received a phone call stating that he had taken his shahadah and so I went home to him. we have been told that according to the shariah, that when he did not convert, the marriage became 'null' and that we should not even stay in the same house until we remarry in Islam. Is there something about this somewhere, I am desperate for the answer as I do not want to live in a sinful relationship and displease Allah.

A:
Praise be to Allaah.


What you have been told is not correct, because if one spouse becomes Muslim before the other, then the other becomes Muslim before the woman’s ‘iddah is over, then their original marriage remains valid. The woman’s ‘iddah is three menstrual periods if she menstruates, or three months if she is past menopause, or until delivery if she is pregnant. This is the view of al-Shaafa’i and Ahmad, and is the view of Maalik with regard to cases like that mentioned in the question, which is where the wife becomes Muslim before her husband. This is also indicated by many instances that are mentioned in the Sunnah.

For example: the wife of Safwaan ibn Umayyah became Muslim on the day of the Conquest of Makkah, then he became Muslim approximately one month after her, and the Prophet (peace and blessings of Allaah be upon him) did not order them to separate or tell them to make a new marriage contract. She remained with him on the basis of their original marriage. Ibn ‘Abd al-Barr (may Allaah have mercy on him) said: The fame of this hadeeth is stronger than its isnaad.

But if the second partner became Muslim after the end of the ‘iddah, in this case there is a difference of scholarly opinion. The correct view is that if they agree to go back to one another on the basis of the original marriage contract and the woman has not married someone else, that is permissible and they do not need to do a new marriage contract. This is the view favoured by Shaykh al-Islam Ibn Taymiyah and his student Ibn al-Qayyim. It is also the view regarded as most correct by Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on them all). They quoted as evidence the report narrated by Abu Dawood from Ibn ‘Abbaas (may Allaah be pleased with him), according to whom the Messenger of Allaah (peace and blessings of Allaah be upon him) returned his daughter Zaynab to her husband Abu’l-Aas on the basis of their original marriage contract. Narrated by al-Tirmidhi, 1134; Abu Dawood, 2230; Ibn Maajah, 2019; classed as saheeh by al-Albaani in Saheeh Ibn Maajah.

He became Muslim two years after the revelation of the verses of al-Mumtahanah, in which it says that Muslim woman are forbidden to mushrik men. It seems that her ‘iddah would have ended within this period, but the Prophet (peace and blessings of Allaah be upon him) still returned her to him on the basis of the original marriage contract.

The point is that they remained married on the basis of their original marriage contract and they did not need to do a new contract. And Allaah knows best.

See Zaad al-Ma’aad, 5/133-140; al-Mughni, 10/8-10; al-Sharh al-Mumti’, 10/288-291.
Islam Q&A

http://www.islamqa.com/en/ref/21690/marriage%20after%20convert
 

Hard Rock Moslem

I'm your brother
Sister Runayrus and Sister Muthmainnah, terima kasih banyak-banyak. Semoga Allah membalas saudari berdua dengan jannah, ameen. Now I'm very clearly why need not to remarry when both became muslim same time and need not to do so if the other party embraced Islam within 3 months (iddah) after one of them embraced first.
 
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