What is the rule for affirming a pre-Islamic marriage between a non-Muslim man (Harbi) and a non-Muslim woman (Harbiyyah) after they embrace Islam, following consummation?
Chapter on Marriage of Polytheists
Al-Mughni
Book of Marriage
Primary text
Every relationship they believed to be a marriage is affirmed upon their Islam. This applies if the marriage was one where affirming it initially is permissible under Islamic law, such as marriage without a guardian (Wali). If they did not believe it to be a marriage contract, it is not affirmed.