What is the ruling on the marriage contract when one spouse converts to Islam and the other remains an unbeliever until the wife's waiting period (Iddah) concludes?
Chapter on Marriage of Polytheists
Al-Mughni
Book of Marriage
Primary text
The marriage contract is dissolved (infaaskha) if one spouse embraces Islam and the other delays conversion until the wife's waiting period has elapsed. This is the position of the majority of scholars, as stated by Ibn Abd al-Barr. The primary evidence cited is the Quranic injunction: {They are not lawful to them, nor are they lawful to them} (Quran 60:10), and His saying: {and do not retain the bonds of unbelieving women} (Quran 60:10). Furthermore, there is an established consensus on the prohibition of Muslim women marrying unbelieving men.
Supporting text
A dissenting view is narrated from al-Nakha'i, which states that the wife should be returned to her husband even if a long time has passed, based on a narration from Ibn Abbas regarding the Prophet (PBUH) restoring Zainab to her husband Abu al-As with their original marriage. Ahmad relied on this narration but was told it lacked authenticity, or it was suggested that her waiting period was interrupted by pregnancy or illness preventing three cycles. Furthermore, it is reported that the Prophet (PBUH) restored her with a new marriage contract, which Ibn Abd al-Barr preferred as the basis for practice over the narration from Ibn Abbas, according to al-Tirmidhi.