the marriage would be annulled. The reason is that once she 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,” she becomes a Muslim, and a Muslim woman is not lawful for a disbeliever; thus, the marriage is annulled.
However, the view that the same sitting is to be considered, and that it is equivalent to their embracing Islam together, is a more accommodating view and carries considerable weight.
His statement, “or the husband of a Jewish or Christian woman”: that is, a Jewish or Christian woman. If the husband of such a woman embraces Islam while she remains upon her religion, their marriage remains valid, since no impediment exists. A Muslim may marry a Jewish or Christian woman from the outset, and continuing an existing marriage is even more readily permitted. Thus, if a Jewish man marries a Jewish woman and then embraces Islam, their marriage remains valid even if she remains upon her religion. Likewise, if a Christian man marries a Christian woman, then embraces Islam while she remains upon her religion, their marriage remains valid. This is clear, since he may marry a Christian woman from the outset; so the continuation of an existing marriage is even more readily permitted.
His statement, “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,” means that if the woman embraces Islam before her husband—even by a moment—and this occurs before consummation, the marriage is annulled. This is because there is no waiting period such that it might be said that one should wait for it to end. It is annulled due to Allah’s saying concerning disbelievers: “They are not lawful for them, nor are they lawful for them” [al-Mumtahanah: 10].
If the man embraces Islam first, then if the woman is from the People of the Book, the marriage remains valid; but if she is not from the People of the Book, the marriage is annulled. This discussion is before