Is the marriage contract dissolved when spouses move to different domains (Dar al-Islam vs. Dar al-Harb)?
Chapter on Marriage of Polytheists
Al-Mughni
Book of Marriage
Primary text
The marriage remains valid despite the difference in the domains (Darayn). This is the position held by Malik, Al-Awza'i, Al-Layth, and Al-Shafi'i. The evidence for this is found in the cases of Abu Sufyan whose wife remained in Mecca (Dar al-Harb) after he embraced Islam in Murr al-Dhahran, and Umm Hakeem whose husband Ikrimah fled to Yemen, and the wife of Safwan ibn Umayyah. In all instances, after the parties eventually embraced Islam, their marriages were affirmed despite the initial difference in religion and domain. Furthermore, the marriage contract is a contract of exchange (mu'awadah), and thus it is not dissolved merely by the difference in domain, unlike the situation before conversion to Islam where the difference in religion is the decisive factor for dissolution.
Supporting text
Abu Hanifa holds that if one spouse converts while they are in Dar al-Harb and then enters Dar al-Islam, the marriage is dissolved. Similarly, if a non-Muslim from Dar al-Harb marries a non-Muslim woman from Dar al-Harb, and they subsequently enter Dar al-Islam and contract the covenant (Dhimma), the marriage is dissolved due to the difference in domains. This reasoning implies that if a protected non-Muslim subject (Dhimmi) moves to Dar al-Harb, thereby breaking the covenant, his marriage dissolves because the domains have effectively diverged for them.