| المستخلص: |
The issue of a wife accepting Islam while her husband remains non-Muslim is one of the important and controversial issues raised nowadays. Muslim Scholars have expressed different opinions regarding it. The wife's acceptance of Islam without her husband affords her a spiritual/moral advantage on one hand, but it presents a real challenge to her personal/family life on the on other hand especially if she is leading a peaceful life with her Non-Muslim husband. This issue presents itself as a challenge for the Islamic legal theorists and Jurists to come up with a realistic and practical solution, yet authoritative and echo the moral/ legal teachings of Islam, for this dilemma that a lot of new female converts are struggling to cope with. The research consists of an introduction that stated importance of the topic and presented the methodological framework of the paper. Chapter I deals with the preferred opinion and its proofs. We concluded that if the wife accepted Islam while her husband refused, then she has the free choice; either to dissolute the marriage contract provided that she makes her request through the court or to wait for her husband's acceptance of Islam no matter how long it might take. The marriage in the latter case is considered suspended; if the husband embraces Islam, the marriage contract remains in force with no need to re-contract it. It should also be noted that there should be a physical separation and a halt of the sexual relations between the spouses once the wife accepts Islam. Chapter II discusses the counterarguments and refutes them Chapter III investigates the prohibition of the husband's copulation with his wife once she embraces Islam.
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