If a husband and wife who were non-Muslims become Muslims, do they have to make a marriage contract again?
- There is a married couple; one of them is from the People of the Book and the other is from another faith (Buddhist, Atheist, etc.). They became believers; what is their marriage status now?
- Is it necessary for them to make a marriage contract according to Islam again?
Dear Brother / Sister,
The Prophet regarded al-Haris b. Qays’ marriage contract before Islam valid after he became a Muslim and he did not consider whether the marriage contract was in accordance with the necessary conditions.
According to what is reported from Ibn Abbas, a man became a Muslim and entered into the presence of the Prophet (pbuh); then his wife arrived as a Muslim too. The man said,
"O Messenger of Allah! She became a Muslim with me too." Thereupon, the Prophet returned the woman to him. (Abu Dawud, Talaq, 23; Ibn Majah, Nikah, 60; Tirmidhi, Nikah 43)
Accordingly, if a non-Muslim husband and a non-Muslim wife become Muslims together, their previous marriage is valid. They do not have to marry again. If there is nothing that annuls marriage like being milk siblings or close relatives, their previous marriage is valid. It is not necessary to search whether this marriage contract was made in accordance with the necessary conditions.
Questions on Islam
- Will you give information about the conditions of a religious marriage contract? How is a religious marriage contract performed?
- Will you give information about marrying a non-Muslim woman and being a witness of marriage?
- Will you give information about marrying a non-Muslim woman and being a witness of marriage?
- Can a man lay a condition in the marriage contract in Islam?
- Is it permissible for people from different madhhabs to marry? Do spouses have to belong to the same madhhab?
- What are the qualities that are necessary for the witnesses in a marriage?
- Did Aisha, our mother, have a say regarding marriage?
- Is it sunnah to say prayers (dua) on Thursday (Friday night) after the night prayer and to renew nikah?
- Is forced intercourse with a concubine not regarded as rape?
- Is marriage with the intention of acquiring citizenship permissible?
