Short answer
It depends on who converts. If the husband accepts Islam and his wife is Christian or Jewish, the marriage continues. If the wife accepts Islam and the husband does not, the Hanafi view is that the marriage ends after three menstrual cycles pass without him accepting Islam. Ask a mufti about your case.
A Muslim man may stay married to a Christian or Jewish wife. If a wife accepts Islam in a non-Muslim country and her husband does not, separation takes effect once three menstrual cycles pass (three months if she does not menstruate). The same applies to a husband who converts while his wife follows a religion other than Judaism or Christianity. Intimacy stops from the time of the conversion.
Other madhhabs
- Shafi'i
- Before consummation the marriage ends at once. After consummation it is suspended until the end of the iddah; if the other spouse accepts Islam within it, the marriage continues, otherwise it ended at the conversion.
- Hanbali
- Like the Shafi'i view. Ibn Taymiyya and Ibn al-Qayyim held that the wife may wait longer for her husband, without intimacy, and return to him with the first nikah if he accepts Islam.
- Maliki
- Similar to the Shafi'i view on the iddah, with details depending on which spouse converts first.
Explanation
This is one of the most painful questions converts face, and it needs care rather than quick answers. The rules come from two verses: one that makes chaste women of the People of the Book lawful for Muslim men, and one that says a believing woman and a disbelieving man are not lawful for each other.
- Husband converts, wife is Christian or Jewish: nothing changes. The marriage is valid.
- Husband converts, wife follows another religion or none: she is invited to Islam. If she does not accept, the marriage ends after the waiting period.
- Wife converts, husband does not: the marriage does not continue. Hanafis count three menstrual cycles in a non-Muslim country. During the wait there is no intimacy, and if he accepts Islam before it ends the marriage carries on without a new nikah.
Children, housing and money can make this very hard. Keep treating your spouse with dignity and keep praying for them. Many spouses have accepted Islam after seeing the change in their partner. Do not make a final decision alone: speak to a qualified mufti who knows Hanafi family law and the law of your country, since civil divorce, custody and finances need their own steps.
For marrying someone of another faith in the first place, see the marriage section. For the wider rules of a Muslim marriage, see our nikah guide.
Ask a mufti about your own case. This answer explains the general ruling. When the details of your situation matter, as they do here, ask a qualified mufti and give them the full facts. Where to ask a scholar.
The evidence
Quran, Surah Al-Mumtahana 60:10
يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوٓا۟ إِذَا جَآءَكُمُ ٱلْمُؤْمِنَٰتُ مُهَٰجِرَٰتٍۢ فَٱمْتَحِنُوهُنَّ ۖ ٱللَّهُ أَعْلَمُ بِإِيمَٰنِهِنَّ ۖ فَإِنْ عَلِمْتُمُوهُنَّ مُؤْمِنَٰتٍۢ فَلَا تَرْجِعُوهُنَّ إِلَى ٱلْكُفَّارِ ۖ لَا هُنَّ حِلٌّۭ لَّهُمْ وَلَا هُمْ يَحِلُّونَ لَهُنَّ ۖ وَءَاتُوهُم مَّآ أَنفَقُوا۟ ۚ وَلَا جُنَاحَ عَلَيْكُمْ أَن تَنكِحُوهُنَّ إِذَآ ءَاتَيْتُمُوهُنَّ أُجُورَهُنَّ ۚ وَلَا تُمْسِكُوا۟ بِعِصَمِ ٱلْكَوَافِرِ وَسْـَٔلُوا۟ مَآ أَنفَقْتُمْ وَلْيَسْـَٔلُوا۟ مَآ أَنفَقُوا۟ ۚ ذَٰلِكُمْ حُكْمُ ٱللَّهِ ۖ يَحْكُمُ بَيْنَكُمْ ۚ وَٱللَّهُ عَلِيمٌ حَكِيمٌۭ ﴿١٠﴾
O you who have believed, when the believing women come to you as emigrants, examine them. Allah is most knowing as to their faith. And if you know them to be believers, then do not return them to the disbelievers; they are not lawful [wives] for them, nor are they lawful [husbands] for them. But give the disbelievers what they have spent. And there is no blame upon you if you marry them when you have given them their due compensation. And hold not to marriage bonds with disbelieving women, but ask for what you have spent and let them ask for what they have spent. That is the judgement of Allah; He judges between you. And Allah is Knowing and Wise.
A Muslim woman may not remain married to a non-Muslim man.
Quran, Surah Al-Maaida 5:5
ٱلْيَوْمَ أُحِلَّ لَكُمُ ٱلطَّيِّبَٰتُ ۖ وَطَعَامُ ٱلَّذِينَ أُوتُوا۟ ٱلْكِتَٰبَ حِلٌّۭ لَّكُمْ وَطَعَامُكُمْ حِلٌّۭ لَّهُمْ ۖ وَٱلْمُحْصَنَٰتُ مِنَ ٱلْمُؤْمِنَٰتِ وَٱلْمُحْصَنَٰتُ مِنَ ٱلَّذِينَ أُوتُوا۟ ٱلْكِتَٰبَ مِن قَبْلِكُمْ إِذَآ ءَاتَيْتُمُوهُنَّ أُجُورَهُنَّ مُحْصِنِينَ غَيْرَ مُسَٰفِحِينَ وَلَا مُتَّخِذِىٓ أَخْدَانٍۢ ۗ وَمَن يَكْفُرْ بِٱلْإِيمَٰنِ فَقَدْ حَبِطَ عَمَلُهُۥ وَهُوَ فِى ٱلْءَاخِرَةِ مِنَ ٱلْخَٰسِرِينَ ﴿٥﴾
This day [all] good foods have been made lawful, and the food of those who were given the Scripture is lawful for you and your food is lawful for them. And [lawful in marriage are] chaste women from among the believers and chaste women from among those who were given the Scripture before you, when you have given them their due compensation, desiring chastity, not unlawful sexual intercourse or taking [secret] lovers. And whoever denies the faith - his work has become worthless, and he, in the Hereafter, will be among the losers.
A Muslim man may be married to a Christian or Jewish woman.
Where the ruling is recorded
- al-Hidaya, Kitab al-Nikah, Bab Nikah Ahl al-Shirk. When one spouse accepts Islam in a non-Muslim land, separation occurs after three menstrual cycles.
- al-Mughni (Ibn Qudama), Kitab al-Nikah, the chapter on the marriage of non-Muslims. The iddah based view of the Hanbali and Shafi'i schools.
This answer is pending review by the scholars on our team. Quran translation by Sahih International. Hadith Arabic from the standard editions of the six books and the Muwatta, with gradings as recorded there; the English is our own rendering. Spotted a mistake? Tell us.