Chapter
If both spouses embrace Islam together, or if the husband of a Jewish or Christian woman embraces Islam, their marriage remains valid. But if she embraces Islam, or if one of two spouses who are not from the People of the Book embraces Islam before consummation, the marriage is annulled, ........
This chapter is important in the present age, because many married people are entering Islam—praise be to Allah. If one of them embraces Islam, is their marriage annulled or not? The author says:
“If both spouses embrace Islam together, or if the husband of a Jewish or Christian woman embraces Islam, their marriage remains valid.” If both spouses embrace Islam together—by pronouncing the testimony of Islam at precisely the same moment—their marriage remains valid, because neither preceded the other and they did not become of different religions. Is this possible? The answer is: it is possible, but difficult. For example, someone may say to them, “Say: There is no god worthy of worship but Allah,” and they both say together, “There is no god worthy of worship but Allah.” In that case, they have embraced Islam together.
Some scholars, including al-Muwaffaq, the author of al-Mughnī, held that embracing Islam within the same sitting is equivalent to embracing Islam together. They reasoned that embracing Islam at exactly the same time is rare, and Islamic rulings should not be made to depend on rare occurrences. Thus, if, for example, the woman says, “I bear witness that there is no god worthy of worship but Allah, and that Muhammad is the Messenger of Allah,” and then the man says, “I bear witness that there is no god worthy of worship but Allah and that Muhammad is the Messenger of Allah,” their marriage remains valid; and likewise if the reverse occurs.
This view is closer to what is correct, because the first view entails a degree of hardship. Suppose that a man is a disbeliever and his wife is likewise, and they attend a gathering in which they are invited to Islam. If the wife says, “I bear witness that there is no god worthy of worship but Allah, and that Muhammad is the Messenger of Allah,” the marriage is annulled—even if the husband immediately thereafter says, “I bear witness that there is no god worthy of worship but Allah and I bear witness that Muhammad is the Messenger of Allah”;