they accept Islam. If, at that moment, the wife is lawful for him—there being no sharʿī impediment—we allow them to remain together, for when a new marriage could properly be initiated, the continuation of an existing one is, a fortiori, permissible. Should the wife at the time of litigation or conversion be someone he is not allowed to marry ab initio, we separate them, because what cannot lawfully be begun cannot lawfully be maintained.
If the dowry named while they were still unbelievers was valid, she is entitled to it, for it became binding with the contract and nothing prevents her from collecting it. If, however, it was invalid—such as wine or pork—then, should she already have taken possession of it, it is deemed settled and she may claim nothing further, for she received it under the rule of disbelief and the husband’s liability is thereby discharged. Reopening the matter would impose hardship and repel people from Islam, so it is excused just as other pre-Islamic acts are excused. If she has not yet received the invalid dowry, she is to be given the mahr al-mithl (the customary dowry). If she has received part of the invalid dowry and not the remainder, she is entitled to the corresponding portion of the mahr al-mithl. And if no dowry at all had been named, the mahr al-mithl is likewise fixed for her, since the marriage contract contained no specified dowry.
When both spouses embrace Islam together, pronouncing the testimony of faith at the same time, they remain married, because no difference of religion has arisen between them. If a Muslim husband of a Jewish or Christian woman accepts Islam while she does not, they likewise stay married, for a Muslim is permitted to marry a People-of-the-Book woman in the first place, so continuing the existing marriage is even more fitting.
But if a non-Muslim woman accepts Islam while married to a non-Muslim man before the marriage has been consummated, the union is annulled, in accordance with the verse, “So do not send them back to the disbelievers; they are not lawful for them, nor are they lawful to them” (Q 60:10). In this case she receives none of the dowry, because the separation originated from her side.