Aslam

Praise be to Allah.

We praise Allah for having blessed you with Islam, and we

ask Him to make us and you steadfast in adhering to His true religion.

If a woman becomes Muslim and her husband refuses to become

Muslim, she is not permissible for him because Allah says (interpretation of

the meaning):

“then if you ascertain that they are true believers send

them not back to the disbelievers. They are not lawful (wives) for the

disbelievers nor are the disbelievers lawful (husbands) for them”

[al-Mumtahanah 60:10].

Al-Shawkaani (may Allah have mercy on him) said:

The words of Allah, “They are not lawful (wives) for the

disbelievers nor are the disbelievers lawful (husbands) for them”

explain the reason why it is forbidden to send them back. This indicates

that a believing woman is not permissible for a kaafir and that if the woman

becomes Muslim she must leave her husband. End quote.

Fath al-Qadeer, 5/301

So it is not permissible for a Muslim woman to remain married

to a kaafir under any circumstances whatsoever. Rather they should be

separated as soon as she becomes Muslim, then she should wait until her

‘iddah ends. If he becomes Muslim during the ‘iddah, that they remain

married, but if the ‘iddah ends and he has not become Muslim, she becomes

irrevocably divorced from him and she may marry someone else if she wishes,

or she may wait until he becomes Muslim.

Ibn al-Qayyim (may Allah have mercy on him) said: What is

indicated by the ruling of the Prophet (blessings and peace of Allah be upon

him) is that the marriage is suspended. If he becomes Muslim before the end

of her ‘iddah, then she is still his wife, but if her ‘iddah ends, then she

may marry whomever she wants, or if she likes she may wait for him, then if

he becomes Muslim, she is still his wife without any need for a new marriage

contract. End quote.

Zaad al-Ma‘aad, 5/137

As you say that you became Muslim six years ago, you became

irrevocably divorced from him a long time ago. So you have to leave him

immediately and it is not permissible for you to stay with him under any

circumstances. And you have to seek forgiveness and repent to Allah, may He

be exalted.

It is not permissible for you to serve him and take care of

him when Islam has separated you, especially since he -- in addition to

being a disbeliever -- hates religion and despises hijab and tells you to

take it off. How can you feel that you and your religious commitment are

safe when you are with him?

The Standing Committee for Issuing Fatwas was asked about a

Christian woman who was elderly, as was her husband. She became Muslim but

he did not, and there was no sexual relationship between them. Is it

permissible for her to stay with him or should the marriage be annulled?

They replied:

If a Christian woman becomes Muslim and she is the wife of a

Christian man, the marriage contract is annulled.  Based on that, it is not

permissible for her to stay with him even if they are old and have no sexual

relationship. End quote.

Fataawa al-Lajnah al-Daa’imah,

19/16-17

The fact that you are poor and have no work does not make it

permissible to you to stay in the same house as a non-Muslim man. Think

positively of Allah, may He be exalted, for He is the One Who says

(interpretation of the meaning):

“Allaah will grant after hardship, ease”

[al-Talaaq 65:7].

Al-Sa‘di (may Allah have mercy on him) said:

This is glad tidings to those who are in difficulty, that

Allah will grant them relief from their hardship and take away their

difficulties. End quote.

Tafseer al-Sa‘di, p. 871

And Allah says (interpretation of the meaning):

“And whosoever fears Allaah and keeps his duty to Him, He

will make a way for him to get out (from every difficulty).

3. And He will provide him from (sources) he never could

imagine. And whosoever puts his trust in Allaah, then He will suffice him.

Verily, Allaah will accomplish his purpose. Indeed Allaah has set a measure

for all things”

[al-Talaaq 65:2-3].

Imam Ibn al-Qayyim (may Allah have mercy on him) debated with

a Christian scholar until the truth became clear to him, but he refrained

from entering Islam on the grounds that the Christians venerated him and he

said: I do not know any trade and I have not memorized any Qur’aan or

grammar or fiqh. If I become Muslim I will go around the marketplaces

begging from people. Who could agree to that? Ibn al-Qayyim said: That will

not happen! How can you think of Allah that if you give precedence to

pleasing Him over your whims and desires He would humiliate you and make you

in need of others? Even if we assume that that will befall you, what you

have attained of truth and salvation from the Fire and from the wrath and

anger of Allah will be the most complete compensation for what you have

lost. End quote.

Hidaayat al-Hayaara, p. 119

Your son should treat his father kindly and serve him and

help him as much as he can. That is his father’s right over him, even if he

(the father) continues to follow his present religion. Strive to call him to

Islam, for that will be better for both of you, so that the family will not

be divided. Tell him that Islam forbids you to stay with him, and that there

is no solution to this problem except his becoming Muslim.

We ask Allah to guide and help you all.

And Allah knows best.