استدامة الزواج بغير المسلم رجاء دخوله للإسلام : دراسة تأصيلية معاصرة

Abstract EN

The study discusses the case of a couple being in a religion other than Islam, such as Judaism, Christianity, Idolatry or other religions.

Then Allah guides the wife to Islam, and she converts to it.

Her husband may immediately convert to Islam with her.

Or, his conversion may be delayed until just before her Iddah (period of waiting) ends, or delayed beyond the end of Iddah.

Or, the spouse refuses to convert to Islam and keep on his religion.

So.

Does Islam allow the continuation of marriage of a non-Muslim? And is this case considered of the legal cases in which the rulings are not changeable Based on time and place? Also, this case study aims to elucidate the rule of their marriage in all the previous cases by displaying the dissension of jurists in the affair.

And, the evidences that each of whom legitimized the marriage or prohibited it relied upon.

Then, discuss the evedinces by the induction of what mentiond before in jurisprudence, Hadith and explication books and outweing what is closest to the spirit and main purposes of the legislation in the light of the legal texts of Islamic shariah.

Moreover, I have followed the indicative approach through extrapolating the evidence from the Quran and the Sunna and the extrapolation of the Juristic sayings of its accredited suppositions.

Also, the analytical approach: the presentation of evidences with Statement of the face of denotation, and the veracity of the inference.

Lastly, The comparative approach: the analysis and discussion of evidences, and outweighing what the researcher sees closer to the evidence and to the spirit of the sharia and it's purposes and General Assembly.