the separation is attributed to the one who caused it, and the one who caused it is the spouse who embraced Islam. Thus, the madhhab is closer to the established legal principles, irrespective of whether this cause is prohibited or permissible.

This applies if it occurs before consummation. But if it occurs after consummation, the author says:

“If either spouse embraces Islam after consummation, the matter is deferred until the waiting period ends. If the other spouse embraces Islam during that period, the marriage remains valid; otherwise, its annulment is established from the time the first spouse embraced Islam.”

If the conversion to Islam takes place after consummation, there are likewise several cases:

The first: that they both embrace Islam together; the marriage remains valid.

The second: that the husband embraces Islam while she is from the People of the Book; the marriage remains valid.

The third: that the husband embraces Islam while she is not from the People of the Book. The matter is deferred until the waiting period ends, so the marital bond is not severed until she completes her waiting period. If she embraces Islam, the marriage remains as it was; but if she remains upon her unbelief, it becomes clear that the marriage was annulled from the time the husband embraced Islam.

The fourth: that she embraces Islam. Then the matter is deferred until the waiting period ends. If the husband embraces Islam, the marriage remains valid; but if he does not embrace Islam, it becomes clear that it was annulled from the time the woman embraced Islam. This is the well-known position of the madhhab.

Some scholars said that when the spouses come to differ in religion in a manner in which they cannot be allowed to remain together, the marriage is annulled as soon as that difference arises, without waiting.