a polytheist. As for our evidence that it is a rescission (faskh), it is because the separation is due to a difference in religion, therefore it is a rescission, just as if the husband embraced Islam and the woman refused. Also, it is a separation without an articulation [of divorce], therefore it is a rescission, like the separation due to nursing.

Section Two: If the separation occurs before consummation due to the husband's conversion to Islam, the woman is entitled to half of the specified dower if the specification was valid, or half of the dower of her equal if it was invalid, such as if he gave her wine or a pig as a dower; because the separation occurred due to his action. If it occurred due to the woman's conversion to Islam, she is entitled to nothing because the separation is from her side. This is the opinion of al-Hasan, Malik, al-Zuhri, al-Awza'i, Ibn Shubruma, and al-Shafi'i. There is another narration from Ahmad that she is entitled to half the dower if she is the one who converted, which was chosen by Abu Bakr and held by Qatada and al-Thawri. This is also implied by the opinion of Abu Hanifa, because the separation resulted from his side due to his refusal of Islam and his abstention from it, while she did what God commanded her; therefore she is entitled to half of what God prescribed for her, as if he had conditionalized her divorce on prayer and she prayed. It is reported from Ahmad regarding a Magian who converted before consummating with his wife that she is entitled to nothing of the dower. The rationale for this is what we have mentioned, while the rationale for the first view is that the separation occurred due to the difference of religion, and the difference of religion occurred due to her conversion, so the separation was brought about by her action, thus nothing is due to her, as if she had apostatized. This differs from the conditionalizing of divorce, for that is from the husband's side; thus, if he had conditionalized it on entering the house and she entered, the separation would occur and she would be entitled to half the dower.

Section Three: If the spouses embrace Islam together, they remain in their marriage, whether this is before or after consummation. There is no disagreement among the people of knowledge regarding this, praise be to God. Ibn Abd al-Barr stated that this is a consensus of the scholars; this is because no difference of religion was found between them. Abu Dawud reported from Ibn Abbas that a man came as a Muslim during the time of the Messenger of God, peace be upon him, then his wife came as a Muslim after him.