Does a father have the right to choose a marriage for his minor son after the son converts to Islam, given the son was married before conversion?

Chapter on Marriage of Polytheists

Al-Mughni

Book of Marriage

Book 35 · Issue 1 · Bab 3

Open in Qurani

Primary text

If a non-Muslim father marries his young son to more than four wives, and subsequently the father and son both embrace Islam, the son has no right to choose (to remain married or separate) while he is still a minor. The father likewise does not have the right to choose on the son's behalf. This is because the option to choose pertains to matters related to physical desire ('ish-shaqah), and no other person may stand in his place concerning it. The right to choose becomes effective only when the boy reaches maturity (balugh). The father remains responsible for the minor son's maintenance (nafaqah) until the son exercises his choice upon reaching maturity.