it was not, and the marriage was intrinsically invalid according to the principles of the Sacred Law, we separate them. Thus, if a man and his wife embrace Islam, and their marriage contract had been concluded without a guardian or witnesses, their marriage is upheld. Likewise, if the marriage contract between them consisted of a friendship arrangement, and it is their custom that, when a man and woman become companions and wish to become spouses, he consummates the union with her, regarding that as the contract according to their custom, their marriage is upheld so long as the woman would now be lawful for him were he to wish to marry her.

But if a Magian married his foster aunt and they both embrace Islam, their marriage is not upheld, because she is not now lawful for him. If he embraces Islam having married this woman while also being married to her sister, but the sister has died, the marriage is upheld, because she is now lawful for him were he to wish to marry her. Hence, the author said:

“Or, if both spouses embrace Islam and the woman is then lawful, their marriage is upheld. But if she is among those whom it is not permissible to marry from the outset, they are separated.”

The governing principles, then, are as follows:

First: The marriages of disbelievers carry the same legal consequences as the marriages of Muslims, including ẓihār, liʿān, divorce, muḥṣan status, establishment of lineage, and other such matters.

Second: If the marriage is valid according to Islamic law, then it is valid. If it is invalid according to Islamic law, it is nevertheless upheld for them on two conditions: first, that they regard it as valid in their own religion; and second, that they do not bring their case before us. If they do not regard it as valid, they are separated. If they bring their case before us, we consider the matter: if this is before the contract, it becomes obligatory that