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Fatwa CenterHe reverted to Islam, but his wife is still non-Muslim
Question
Aslam o Alakam, I (32 years) and my whole family embraced Islam on 13 November 2010 including mom, dad, 3 brothers, 1 sister and repented from Qadianism/Ahmadiyyat but my wife (marriage held 8 Nov 2009 according qadiani law) did not embraced Islam and still following Qadianism/Ahmadiyyat and living with her parents home in other city and my daughter (3months) is still with her. I through phone and letters try to convince her and offered her to embrace Islam but she refused. Please answer the following questions. 1. What is the status of my marriage? Do I need to have any judicial judgment? 2. What are my responsibilities towards my wife and daughter? 3. Is she has a right of maintenance? Dower? Dowry article? Inheritance? 4. Who have the right of custody/hazanat of daughter? Thanks and oblige
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.
First of all, we thank and praise Allaah Who guided you to Islam and we ask Him to make you firm and steadfast on His Religion until the Day you meet Him.
We advise you to seek beneficial knowledge, perform good deeds and befriend righteous and pious people, as these are the best things that help a Muslim remain steadfast on his/her religion.
We also ask Allaah to guide your wife in the same manner that He guided you, and you should supplicate Allaah to guide her and enable her to repent while being lenient when advising and guiding her to the truth. ‘Aa’ishah 
narrated that the Prophet said: “Whenever kindness is added to something, it adorns it and whenever it is withdrawn from something, it leaves it defective.” [Muslim]
Besides, if your wife insists on remaining on her belief, then it is not permissible for you to have sexual intercourse with her. If she repents and embraces Islam before her waiting period expires, then she remains as your wife (within the bond of marriage with you). But if her waiting period expires and she has not yet repented, then the marriage contract with her becomes void and the matter does not need a ruling of the judge. For more benefit, please refer to Fatwa 127188.
However, your wife deserves her entire dowry, but you are not required to spend on her at the time of her being non-Muslim and if she embraces Islam before the expiry of her waiting period, then, in this case, she deserves that you spend on her in the future after she becomes a Muslim. Also, you do not inherit her and she does not inherit you (in case of death) if she continues to be a non-Muslim.
As regards your daughter, you are obligated to spend on her, and her mother loses the right of fostering her as long as she continues to be a non-Muslim and you deserve to foster her in case there is no female relative who has more right in fostering her than you, like her grandmother from the mother, for example, provided she is a Muslim. For more benefit, please refer to Fataawa 84618, 89694, and 81957.
Allaah Knows best.
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