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6.0 TERMINATION OF A MARRIAGE
6.1 Invalidation of a Marriage
1. It is valid for a man and woman in ihram to marry one another in the state of ihram.
2. Mut`ah marriage and time-limited marriage are invalid.
3. If the judge separates the two spouses of an unsound marriage before consummation, then she is not entitled to a mahr, and similarly after seclusion. But, if he consummated with her then she is entitled to the mahr of her peers, [but] it may not exceed the named [mahr]. The waiting period is due upon her, and the lineage of her child is established.
4. Whoever marries two women in one contract, one of them not being lawful to him to marry, the marriage of the one who is lawful for him to marry is valid, and the marriage of the other is invalidated.
6.2 Physical Defects
1. If the wife has a defect, then her husband has no power of choice.
2. If the husband is afflicted with insanity, or white or black leprosy, then the wife has no power of choice according to Abu Hanifah and Abu Yusuf. Muhammad said : she has the power of choice.
3. If he is impotent, the judge adjourns him for a year, and then if he reaches her [during that time, the marriage continues] otherwise he separates them if the woman requests that. The separation is an irrevocable divorce. She is entitled to the entire mahr if he had been secluded with her.
The castrated man is adjourned just as the impotent one is adjourned.
4. If [the husband] is [a man with] dissevered [genitals] then the judge separates them immediately, and does not adjourn him.
6.3 Embracement of Islam
1. If a woman embraces Islam and her husband is an unbeliever, the judge presents Islam to him. Then, if he accepts Islam, she is [still] his wife, but if he refuses [the judge] separates them, and that is an irrevocable divorce according to Abu Hanifah and Muhammad. Abu Yusuf said : it is a separation without divorce.
2. If a husband embraces Islam with a Zoroastrian woman under him, [the judge] presents Islam to her. Then, if she embraces Islam, she is [still] his wife, but if she refuses, the judge separates them. This separation is not a divorce, but if he had consummated with her she is entitled to the mahr. If he had not consummated with her then there is no mahr for her.
3. If a woman embraces Islam in Dar al-Harb, separation does not take effect on her until she has menstruated three menstrual periods. Then, when she has menstruated [thrice], she becomes separated from her husband.
4. If the husband of a Kitabi woman embraces islam, they [continue] upon their marriage.
5. If one of the two spouses comes out to us from Dar al-Harb as a Muslim, separation takes effect between them.
6. If a woman comes out to us as an emigree, it is permissible for her to marry, and there is no waiting period [due] upon her according to Abu Hanifah. But, if she is pregnant, she may not marry until she delivers her load.
7. If an unbeliever married without witnesses, or in the waiting period of an unbeliever, and that is legitimate according to their religion, and then they both embrace Islam, they are asserted in it. But if a Zoroastrian married his mother, or his daughter, and then they both embraced Islam, they are separated.
6.4 Apostasy
1. If one of the two spouses apostasizes from Islam, separation occurs between them without divorce. Then,
If the apostate is the husband, and he has consummated with her then she is entitled to the entire mahr.
If the woman is the apostate before consummation then there is no mahr for her. But, if the apostasy is after consummation, she is entitled to the mahr.
If they both apostasize together and [then] embrace Islam together then they [continue] upon their marriage.
2. It is not permissible for an apostate to marry a Muslim woman, nor an unbelieveing woman, nor an apostate woman. Similarly, an apostate woman may not be married by a Muslim man, nor an unbeliever nor an apostate.
3. If one of the spouses is Muslim then the child [continues] upon his religion. Similarly, if one of the two [spouses] embraces Islam and has a minor child, his child becomes Muslim by his [parent’s] Islam. If one of the two spouses is a Kitabi and the other Zoroastrian then the child is a Kitabi.
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