Section: If they appeal to the judge at the inception of the contract, he shall not marry them except under the conditions of the marriage of Muslims, because of the saying of Allah, the Exalted: "And if you judge, judge between them with justice" (5:42), and His saying: "And judge between them by what Allah has revealed" (5:49), and because there is no need to acknowledge their contract, unlike that other case. If they embrace Islam, or appeal to us after the contract, we shall not concern ourselves with the manner of their contract, and we shall look into the situation. If the woman is one with whom it is permissible to contract a marriage initially, he shall uphold it for them. If she is someone with whom it is not permissible to contract a marriage initially, such as his mahram (prohibited female relatives), they are to be separated. If he marries a woman in her waiting period (iddah) and they both embrace Islam, or they appeal to us during her waiting period, they are to be separated, because it is not permissible to contract a marriage with her initially. If it is after its completion, it is upheld because it is permissible to contract a marriage with her initially. If there is a mut'ah (temporary) marriage between them, they shall not be upheld in it, because if it is after the duration, there is no marriage remaining between them, and if it is within the duration, they do not believe in its permanence, and marriage is a permanent contract, unless they are among those who believe in the corruption of the condition and the validity of the marriage as a permanent one, in which case they are upheld in it. If there is a marriage between them in which an option (khiyar) is stipulated, whenever they or one of them wills, they shall not be upheld in it, because they do not believe in its binding nature, unless they believe in the corruption of the condition alone. If it is an option for a specific duration, and they embrace Islam during it, they shall not be upheld in it for that reason. If it is after it, they are upheld in it, because they believe in its binding nature. Everything they believe to be a marriage is a marriage in which they are upheld, and what they do not is not. So if a harbi (an inhabitant of the Abode of War) gives a dower to a harbi woman and has intercourse with her, or she submits to him, then they embrace Islam, if that is considered a marriage according to their belief, they are upheld in it, because it is a marriage for them with someone whose marriage is initially permissible, so they are upheld in it, like a marriage without a guardian. And if they do not believe it to be a marriage, they are not upheld in it.

Section: The marriages of disbelievers are subject to the rulings of a valid marriage, such as the occurrence of divorce, zihar (injurious comparison), ila' (vow of abstinence), the obligation of a dower, division of time, and the permissibility of remarrying the first husband,