What is the ruling regarding the marriage contract when one spouse converts to Islam after consummation, but before the waiting period (Iddah) ends?
Chapter on Marriage of Polytheists
Al-Mughni
Book of Marriage
Primary text
If one spouse converts to Islam after consummation but before the completion of the waiting period (Iddah), the marriage remains valid pending the end of that period. If the other spouse converts before the Iddah concludes, the couple remains married under the existing contract. If the Iddah expires before the other spouse converts, the separation takes effect from the moment the difference in faith occurred, and no subsequent Iddah is required. This position is held by Al-Zuhri, Al-Layth, Hasan ibn Salih, Al-Awza'i, Al-Shafi'i, and Ishaq, with similar views attributed to Mujahid, Abdullah ibn Umar, and Muhammad ibn Al-Hasan.
Supporting text
The marriage is immediately dissolved if one spouse converts before the other, as held by Al-Khallal and his associate, Al-Hasan, Tawus, 'Ikrimah, Qatadah, and Al-Hakam. Ibn Al-Mundhir supported this view. The evidence cited for immediate dissolution is the verse forbidding retention of disbelieving wives (Quran 59:10) and the principle that what mandates dissolution of marriage, such as kinship through suckling, does not differ based on whether consummation occurred before or after the pre-existing barrier arose.