if it was lawful, or half of the dower of her equal if what he had named for her was unlawful. If the wives embraced Islam before him, and before consummation, they also become separated from him, and he owes nothing to any of them. If his and their conversions occur together before consummation, they remain wives. If he had consummated the marriage with them then embraced Islam, whoever among them does not embrace Islam before the end of her waiting period becomes forbidden to him from the moment the two religions differed.

There are five sections regarding this issue:

First: If one of the two spouses who are polytheists or Magians embraces Islam, or if a person of the Book who is married to a polytheist woman or a Magian woman embraces Islam before consummation, separation between them is accelerated from the moment of his conversion, and this is considered a rescission (faskh), not a divorce (talaq). Al-Shafi'i held this view. Abu Hanifa said: The separation is not accelerated; rather, if they are in the Abode of Islam (Dar al-Islam), Islam is presented to the other, and if he refuses, the separation occurs at that moment. If they are in the Abode of Disbelief (Dar al-Harb), this is suspended until the expiration of her waiting period; if the other does not embrace Islam, the separation occurs. If the refusal is from the husband, it is a divorce, because the separation originated from him, so it is a divorce, just as if he had articulated it. If it is from the woman, it is a rescission, because the woman does not possess the right of divorce. Malik said: If she is the one who converted, Islam is presented to him; if he embraces it, he remains married, otherwise the separation occurs. If he is the one who converted, the separation is accelerated, because of the Almighty's saying: "And do not hold onto the ties of disbelieving women." Our view is that it is a difference of religion that prevents the upholding of the marriage; thus, if it is found before consummation, the separation is accelerated, like apostasy. And regarding Malik's view, it is like the husband's conversion, or as if the other party refused Islam. Furthermore, if he is the one who converted, he has no right to retain a disbelieving woman, because of the Almighty's saying: "And do not hold onto the ties of disbelieving women." And if she is the one who converted, it is not permissible for her to remain in the marriage of...