Fatwa's Insights - Kinship

THE 78TH MEETING OF THE PERLIS STATE FATWA COMMITTEE / 2026

9 - 10 FEBRUARY 2026 / 21 - 22 SYAABAN 1447H

FATWA ON THE MARRIAGE OF NON-MUSLIM SPOUSES WHEN ONE OF THEM EMBRACES ISLAM

If a husband or wife embraces Islam while the other spouse does not, several situations arise:

1. If the spouse is among those with whom marriage is prohibited, such as a sibling, mother, foster-sibling, or others of similar prohibitive relation, the marriage is dissolved immediately.

2. If the one who embraces Islam is the husband while his wife is from the People of the Book (ahl al-kitab), then the marriage may be maintained.

3. If the one who embraces Islam is the wife, or the husband whose wife is not from the People of the Book, then the marriage is not immediately annulled; rather, it remains in suspension until the end of the wife’s waiting period. If during that period the other spouse embraces Islam, the marriage continues as originally contracted without the need for a new matrimonial contract. During this period, the wife must prevent sexual intercourse. This is the view of the majority of scholars, and it is the more precautionary opinion.

4. If, in certain circumstances, there is a need for the marital bond to be maintained for a longer period in order to avoid harm or extreme hardship for the couple, then the marriage may be maintained until such time as there is no longer any reasonable hope that the other spouse will embrace Islam.

PRESENCE AND APPROVAL BY:

1. Sahibus Samahah Professor Dato' Arif Perkasa Dr. Mohd Asri bin Zainul Abidin
2. Sahibul Fadhilah Ustaz Tajul Urus bin Abdul Halim
3. Sahibul Fadhilah Professor Dr. Muhamad Rozaimi bin Ramle
4. Sahibul Fadhilah Professor Dr. Basri bin Ibrahim
5. Sahibul Fadhilah Professor Dr. Azman bin Mohd Noor
6. Sahibul Fadhilah Assoc. Prof. Dr. Mohd Akram bin Dato' Dahaman @ Dahlan
7. Sahibul Fadhilah Dr. Hj. Zaharuddin bin Hj. Abdul Rahman
8. Sahibul Fadhilah Assoc. Prof. Dr. Ahmad Wifaq bin Mokhtar
9. Sahibul Fadhilah Dr. Ahmad Sufian bin Che Abdullah
10. Sahibul Fadhilah Ustaz Syed Abu Bakar bin Syed Kamal Bharin
11. Sahibul Fadhilah K.H. Dr. Zaitun bin Rasmin
12. Sahibul Fadhilah Dr. Muhammad Lukman bin Mat Sin
13. Sahibul Fadhilah Ustaz Burhanudin bin Lokman
14. Sahibul Fadhilah Dr. Muhammad Luthfi bin Mohammad Masruh
15. Al-Fadhil Ustaz Muhammad Khidhir bin Abdul Ghani – Secretary

Endorsed at the Meeting of the Council of Islamic Religion and Malay Customs of Perlis No. 2/2026 on 12 March 2026.