Marrying Her non-Muslim Husband After He Embraces Islaam

Al Lajna Ad Daa-imah
The Permanent Committee for Islamic Research and Fataawa

Question: We would like your advice on a certain issue: A French man came to the Masjid to proclaim that he is Muslim, with him was a Muslim sister who says that she brought him to the Masjid in order for him to accept Islaam and then marry him. She herself does not pray nor wear Hijaab and is far from any family members or relatives. The gentleman himself affirms that he would like to accept Islaam because he wishes to be Muslim.

What do you advise us to do in this situation and what should we do if they have already been married for a year or two and had children while the gentleman was a non Muslim at the time?

Is his entry into Islaam accepted, and is the fact that he has been away from her for one or two menstrual periods to be considered for their marriage to take place?

How can we rectify their marriage while the sister doesn’t have a Walee (legislated guardian) in France at all?

What is the ruling of their children, should they be considered children due to fornication?

Answer: All praise is due to Allaah alone and may the peace and blessings be upon His Messenger, his family and his companions.

Firstly: The gentleman is to be told of how pleased you are that he is converting to Islaam and that this is the greatest obligation upon him as well as being the greatest blessing that anyone can be congratulated upon.

Secondly: The ‘Pillars of Islaam’ are to be explained to him together with the foundations of Eemaan, the meaning of the Shahaadah, the meaning of ‘believing in the Last Day’ and Divine Decree. The falseness of the Christian belief in relation to ‘Eesaa is to be explained and clarified to him and that it is upon him to believe that ‘Eesaa is a slave and messenger of Allaah just like the rest of the messengers and he is not a son of Allaah. High above is Allaah indeed from the claims of the Christians. It is to be explained to him the Muhammad (صلى الله عليه وسلم) is the seal of the prophets and messengers and that his message is universal to all mankind, whether they are Arabs or non-Arabs, and to the Jinn as well. Likewise all this is to be explained to the lady and she is to be requested to accept Islaam from anew because abandoning the prayer is disbelief.

Thirdly: If the lady does not have a Walee at all, then the head of the Islaamic center amongst you should be her Walee for the marriage contract because he takes the ruling of a Walee in situations like this due to the saying of the Messenger of Allaah (صلى الله عليه وسلم):

“The Sultan is the Walee of those who have no Walee.”
The head of an Islaamic center has authority in his area because of the lack of a Muslim judge in his vicinity.

Fourthly: There is no need for them to stay away from each other for any time period if his past relationship with her was in the name/ruling of a marriage. Their children are to be attributed to him as they are attributed to the father in the case of ‘intercourse due to misconception’ in a false marriage.

Allaah is the granter of success, and may the peace and blessings be upon our prophet Muhammad, his family and his companions.

The Permanent Committee for Islamic Research and Fataawa
’Abdul ‘Azeez ibn ‘Abdullaah ibn Baaz (President)
‘Abdur Razzaaq ‘Afeefi (Deputy Head)
‘Abdullaah ibn Ghudayaan (Member)
‘Abdullaah ibn Qu'ood (Member)

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Fataawa Al Lajna Ad Daaimah: #5377

Translated by: Abu ‘Abdul Waahid, Nadir Ahmad.