Is it allowed for a woman who embraces Islam to keep with her disbeliever husband?
Shaikh Adel As-Sayyed:
Regarding the woman who is married to a disbeliever and who entered Islam, she has to:
- Refrain from having intercourse with her husband
- Enter in iddah (prescribed period) according to her case:
If she is still having menstrual cycles, then she must count 3 menstrual cycles.
If she is pregnant, then her iddah ends when she delivers.
If she is menopausal (passed the age of having menstrual cycles) then she counts 3 lunar months.
All this applies to if her husband has gone in with her. However if she has only made marriage contract but her husband haven’t gone in with her then no iddah is prescribed upon her.
During iddah, she should explain to her husband that Islam forbids for her to continue the relationship with him if he remains upon disbelief, and that the only way for them to stay together is that he enters Islam. She should try every possible way and show him the greatness of Islam and its virtues and beauty, and works hard on making him willing to accept it with your help and guidance.
If he shows interest in Islam and enters in it, so he is the most worthy of her (as his wife) as long as she is still in iddah and it didn’t finish yet, based on the same old marriage contract. However if the iddah was over by the time he accepted Islam, and she wanted to go back to him, he should marry her with a new marriage contract and a new dowey.
As for when the iddah is over, she is most worthy of herself and can marry other than him if she wants so.
And if he enters Islam while she didn’t marry yet he can propose to her like mentioned above.
having all this in mind, she should be keen on saving him from hellfire but without falling into sin by continuing to have intercourses with him, Allah Almighty said:
لَا هُنَّ حِلٌّ لَهُمْ وَلَا هُمْ يَحِلُّونَ لَهُنَّ
(They are not lawful (wives) for the disbelievers nor are the disbelievers lawful (husbands) for them).