🚪 Divorce, ʿiddah & rujuk · #61
A wife has embraced Islam but her husband has not. What happens to their marriage?
Under the Shariah, the marriage is suspended: if the husband embraces Islam before her ʿiddah ends, the marriage continues; if not, it is dissolved. In Malaysia, the dissolution must be confirmed by the court.
Allah says that believing women are not lawful for disbelieving men nor are such men lawful for them (al-Mumtahanah 60:10). Act 303 s.46(2) states that the conversion to Islam of one party to a non-Muslim marriage does not by itself dissolve the marriage until confirmed by the court. A civil marriage is also subject to civil law, so advice from a lawyer who understands both systems is important, especially on child custody and property. A convert should receive guidance from the religious office and convert-support organisations. Relations with her former husband and his family continue with good manners (al-Mumtahanah 60:8). See Interfaith matters.
Allah says that believing women are not lawful for disbelieving men nor are such men lawful for them (al-Mumtahanah 60:10). Act 303 s.46(2) states that the conversion to Islam of one party to a non-Muslim marriage does not by itself dissolve the marriage until confirmed by the court. A civil marriage is also subject to civil law, so advice from a lawyer who understands both systems is important, especially on child custody and property. A convert should receive guidance from the religious office and convert-support organisations. Relations with her former husband and his family continue with good manners (al-Mumtahanah 60:8). See Interfaith matters.