In the name of Allah, the Most Gracious, the Most Merciful.

Chapter: On the Marriage of the People of Shirk (Polytheism)

The marriages of the disbelievers are valid; they are upheld upon them if they embrace Islam or refer to us for judgment, provided the woman is among those whose marriage is permissible to initiate at that moment. No regard is given to the nature of their contract or its modality, nor are the conditions of Muslim marriages considered applicable to them—such as the presence of a guardian (wali), witnesses, the formula of offer and acceptance, and the like—without disagreement among the Muslims. Ibn Abd al-Barr stated: The scholars have reached a consensus that if both spouses embrace Islam together at the same time, they are permitted to remain in their marriage, provided there is no relationship of lineage or breastfeeding between them. Many people converted during the time of the Messenger of Allah (peace and blessings of Allah be upon him), and their wives also converted; they were upheld in their marriages, and the Messenger of Allah (peace and blessings of Allah be upon him) did not ask them about the conditions or the modality of their marriage. This is a matter known by tawatur (continuous transmission) and necessity, thus it is a certainty. However, the situation is examined: if the woman is of a status such that it is permissible to initiate a marriage with her, the marriage is upheld. If she is among those with whom a marriage cannot be initiated—such as one prohibited by lineage or cause, a woman in her waiting period (iddah), an apostate, a polytheist (wathaniyya), a Magian, or a woman divorced three times—they are not upheld in their marriage. If he married her during the waiting period and they both embraced Islam after its expiration, they are upheld, because it is permissible to initiate a marriage with her at that time.

1166 - Issue: Abu al-Qasim said: "If a polytheist embraces Islam, and he had married four polytheist women but had not yet consummated the marriage with them, they become separated from him, and each one is entitled to half of what he had named for her 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."