The Conversion of One Spouse to Islam Rather than the Other An Objective Jurisprudential Study

Abstract

This article investigates a complex social issue within pluralistic societies where spouses adhere to different beliefs, in particular when as one spouses converts to Islam while the other retains his or her original religion. This situation raises significant questions regarding the ruling on the marital contract between these two spouses. The importance of discussing this issue lies in presenting the Sharia ruling, which draws from both comprehensive and partial Sharia evidence. By examining these, Muslims can better comprehend the legalities of their domestic situations, ensuring that the marital relationship adheres to Islamic legal principles. The article is divided into two parts: one addresses a woman’s conversion to Islam while her husband remains non-Muslim, and the other discusses a man’s conversion to Islam while his wife maintains her original religion. In the first part, we discuss two cases: one where the couple has consummated their marriage and one where they have not. In this regard, the diverse opinions and jurisprudential views of Islamic jurists from different sects are presented. The second part, also examines two cases: one involving a wife who is ‘of the Book,’ and another involving a non-religious wife. Each cases is analysed in accordance with the demands of the jurisprudential industry, presenting the relevant jurisprudential opinions and the Sharia evidence on which they were based.