Does a man have the right to choose his wives if he enters the state of Ihram for Hajj or Umrah after converting, and subsequently his wives convert?

Chapter on Marriage of Polytheists

Al-Mughni

Book of Marriage

Book 35 · Issue 3 · Bab 3

Open in Qurani

Primary text

He retains the right to choose among his wives because the choice constitutes a continuation and specification of the existing marriage, not a new commencement. The evidence supporting this view is that the continuation of the marriage does not require the consent of the wife, a guardian (*wali*), or witnesses, nor does it mandate a new dower (*mahr*), thus it is permissible even during the state of Ihram, analogous to revocation (*raj'ah*) in divorce.

Supporting text

The Qadi holds that he does not have the right to choose, which appears to be the dominant view in the Shafi'i school.