He converted to Islam but his wife will not
Fatwa No: 89587

Question

I wanted to know what should be done if my wife and I are married, I convert to Islam but she is unwilling (to convert).

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.

 

To clarify the situation, the following points are to be made:

1)     Allaah has permitted us to marry the women of the people of the book. Allaah says after mentioning the women that we are allowed to marry (which means): {and chaste women from those who were given the Scripture (Jews and Christians) before your time…}[5:5].

2)     If a non-Muslim embraces Islam and his wife is from the People of the Book, a Christian or a Jew, he can keep her as a wife and their marriage is still valid even though she stays on her religion and does not embrace Islam.

3)     If a non-Muslim embraces Islam but his wife is not from the People of the Book, like being a Buddhist or a Hindu or other non-Muslim religions, and she does not want to embrace Islam. In this case if one becomes a Muslim after having consummated the marriage with her, he has to wait for her 'Iddah (a waiting period a woman observes when she is divorced), separate from her, refrain from any sexual relationship with her, and after that period is finished, he gives her the choice either to embrace Islam or be divorced. Therefore:

a)     If she becomes a Muslim before the end of the waiting period then the marriage contract with her is still valid.

b)    When this time period is over and she still does not embrace Islam, then the marriage contract is considered void since you became a Muslim. In this case it is not permissible for a Muslim to keep her as a wife as Allaah forbade us from marrying non-Muslims except women of the People of the Book. Allaah says (which means): {And do not marry Al-Mushrikaat (idolatresses, etc.) till they believe (worship Allaah Alone).}[2:221].

c)     If one becomes a Muslim before having consummated the marriage with his wife, then the marriage becomes immediately void, but she is entitled to half of the dowry.

Finally, if your wife is from the People of the Book but she is harsh and is against Islam, and you do not expect her to become a Muslim, then we advise you to divorce her, especially if you have no children yet. If you have children, take them with you. 

Allaah knows best.

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