What is the legal consequence when one spouse converts to Islam and the other does not convert within the waiting period (Iddah) before the first spouse apostatizes?
Chapter on Marriage of Polytheists
Al-Mughni
Book of Marriage
Primary text
If one spouse embraces Islam and subsequently apostatizes, and the other spouse does not convert during the waiting period, the separation is deemed to have occurred from the moment the religions diverged (i.e., the first conversion). The waiting period for the apostate spouse is counted from the time they initially embraced Islam.