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A
woman embracing Islaam whilst her husband does not
Question:
Sometimes women embrace Islaam while their husbands do not.
It is well known that a Muslim woman is not lawful for a non-Muslim
man. However, for a woman to separate from the husband she
loves and on whom she may depend for material support and
in the breakup of her family is a great trial for her. It
might even be a cause for her to hesitate about embracing
Islaam. It also often happens that the husband embraces Islaam
after a year or so. The wife hopes to attract her husband
to Islaam while remaining in the same house as him after she
has embraced Islaam. Is there any room in this matter for
new independent reasoning, taking into consideration changing
circumstances, benefit and the rule "the lesser of two evils"?
Or is this matter something decided with no room for independent
reasoning and so a woman entering Islaam must separate from
her husband and perhaps even from her children?
Response:
This
question contains in fact two questions, one of which is more
important than the other. The first and most important of
them, is whether there can be new independent reasoning to
solve this problem. The answer to this is that rulings in
Islaamic law are of two kinds. The first are those where there
is no room for independent reasoning but rather that these
rulings are beneficial at every time and in every place. The
benefit therein might be clear, apparent and immediate or,
alternatively, it might not be. Allaah, the Exalted says:
{And Allaah knows while you know not.}, [Soorah
an-Noor, Aayah
19].
It
might appear to some people that to implement Islaamic law
is difficult and sever in this matter and that it causes problems,
while the truth of the matter is quite the opposite to what
they imagine. Here, in this issue Islaamic law must be applied
and there is no room for independent reasoning.
The
second kind of ruling in Islaamic law, are those that are
general and dependent upon circumstance. The circumstances,
meaning or wisdom might be relevant and applicable at one
time but not at another. If the ruling is relevant then it
is established and applied and if it is no longer relevant
then it is annulled. The issue of a Muslim woman staying with
a disbeliever is a matter in which there is no room for independent
reasoning because Allaah, the Exalted says: {O you who believe!
When believing women come to you as emigrants, examine them.
Allaah knows best as to their faith. If you are sure that
they are true believers do not send them back to the disbelievers.
They are not lawful (wives) for the disbelievers nor are the
disbelievers lawful (husbands) for them.}, [Soorah
al-Mumtahinah, Aayah
10].
Also,
a person is not concerned about losing his son, husband or
father if it is necessary in order to establish his or her
faith and religion. If we consider our righteous predecessors
we find that a man might kill his own father or son because
they opposed him and stood in his way, in the matter of Allaah's
religion. Accordingly, if a woman embraces Islaam and her
husband persists in disbelief, most scholars say that one
should wait until the 'iddah
has ended. If the husband embraces Islaam during the period
of the 'iddah,
the marriage contract remains valid and they do not separate.
However, if the period of the 'iddah ends before the husband
has embraced Islaam, then the marriage is recorded as having
ended at the time the woman embraced Islaam. She is then no
longer lawful for him until her embraces Islaam and remarries
her with a new contract (of marriage).
Some
scholars say that a woman who embraces Islaam is tied to her
husband until the 'iddah comes to an end. During this time
it is not possible for her to remarry and if he embraces Islaam
she remains his wife. If, on the other hand, the period of
the 'iddah has ended and he then embraces Islaam, she has
no choice between returning to him, should she so wish, or
not. This opinion is the most correct because the Prophet
(sal-Allaahu
`alayhe wa sallam) sent his daughter, Zaynab, back to
'Abu al-'Aas Ibn Rabee' after six years. Therefore, if a woman
embraces Islaam and her husband remains a disbeliever, they
must separate. If he enters Islaam before her 'iddah has ended,
then she is still his husband and does not have a choice of
returning to him or not. However, if the period of the 'iddah
has ended and she wishes to marry someone else, she has the
right to do so. If she remains unmarried and her husband embraces
Islaam, even after a long period of time has elapsed, if she
so wishes she can go back to him.
Shaykh
Ibn 'Uthaymeen
al-Aqalliyaat al-Muslimah - Page 69, Fatwa No.9
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