What is the ruling regarding the waiting period (Iddah) maintenance (Nafaqah) when separation occurs due to conversion to Islam after consummation?
Chapter on Marriage of Polytheists
Al-Mughni
Book of Marriage
Primary text
If the wife converted to Islam before the husband, she is entitled to maintenance for her Iddah. This obligation arises because the husband can maintain the validity of the marriage and enjoy conjugal relations with her through his subsequent conversion alongside her, placing her in the status of a revocable divorce (Raj'iyyah). Conversely, if the husband converted before the wife, she has no right to maintenance from him because he has no way to preserve their marriage or rectify her status, making her situation akin to an irrevocable divorce (B'ain). This ruling holds whether she converts during her Iddah or not.
Supporting text
An objection arises that if the wife does not convert, the divorce is confirmed due to the difference in faiths, questioning why maintenance is due to one considered irrevocably divorced. The response is that maintenance is due because the husband had the potential to rectify the marriage if he had converted first, making her situation comparable to a revocable divorce in this regard. The husband's action (conversion) places him in the position of causing separation, but it was an urgent duty upon him that he could rectify, unlike the situation where she converts before consummation, in which case the entire dower is forfeited because rectification was not possible for him.