What is the legal consequence if one of the spouses converts to Islam before consummation, and the other converts later?
Chapter on Marriage of Polytheists
Al-Mughni
Book of Marriage
Primary text
If one spouse converts before consummation, separation occurs immediately. If the other spouse converts during the waiting period ('Iddah), the separation is considered a dissolution (Faskh) because the separation was initiated by difference in religion without an explicit divorce utterance, similar to separation due to fosterage.
Supporting text
The view of Abu Hanifa stipulates that if the husband was the one who refused Islam in Dar al-Islam, the separation is considered a divorce.