Chapter: The Marriage of Unbelievers

They are left undisturbed in their marriages—even unions that are illicit in our law—so long as they themselves deem them lawful and do not bring the matter before us.

If they come to us1 before the contract is concluded, we solemnize it according to our rulings.

When both spouses embrace Islam together2, or when the husband of a Jewish or Christian woman becomes Muslim, their marriage remains intact.

If, however, the Jewish or Christian wife enters Islam while her husband is still an unbeliever, or one of a non-Book couple accepts Islam, and this occurs before consummation, the marriage is annulled and she is entitled to half the dowry if she alone converted or preceded him. If it takes place after consummation, the matter is held in suspense until the waiting-period (ʿidda) ends: should the other spouse convert before it expires, the marriage stands; otherwise, it is deemed dissolved from the time the first accepted Islam, and in every case the full dowry is due.

Section

If a man becomes Muslim while he has more than four wives who had already accepted Islam and are Women of the Book, he must choose four of them if he is legally competent; otherwise, the choice is deferred until he becomes competent.

Should he fail to choose, he is compelled—first by imprisonment and then by discretionary punishment—and he remains responsible for their maintenance until he does choose.

A simple statement such as, “I keep these and release those,” suffices to effect the choice, and the selection thereby takes effect.