نكاح الكفار
‘Amr ibn Shu‘ayb reported from his father from his grandfather: The Messenger of Allah (may Allah's peace and blessings be upon him) returned his daughter Zaynab to Abu al-‘Ās ibn Ar-Rabī‘ in a new marriage.
عن عمرو بن شعيب، عن أبيه، عن جده، «أن رسول الله -صلى الله عليه وسلم-، رَدَّ ابنته زينب على أبي العاص بن الرَّبيع بنكاح جديد».
شرح الحديث :
This Hadīth tells a story about Zaynab, the daughter of the Prophet (may Allah's peace and blessings be upon him). The Prophet (may Allah's peace and blessings be upon him) returned her to her former husband ِِAbu al-‘Ās ibn Ar-Rabī‘ with a new marriage contract and dowry, for they were married before he embraced Islam. Based on this Hadīth, the majority of the scholars hold that for a woman whose waiting period expires before the husband becomes a Muslim, the marital contract must be renewed and a new dowry must be paid. This Hadīth, however, is weak. According to the fatwa of the Permanent Committee: 1. If the husband and wife enter Islam together, their marriage is still valid, because the disbelievers and their spouses used to enter Islam during the time of the Prophet (may Allah's peace and blessings be upon him) who would keep them in wedlock. 2. If one spouse becomes Muslim, then both should be separated. If the other becomes Muslim during the waiting period, the marriage remains valid. If the waiting period expires before the other spouse enters Islam, then the marriage bond is terminated. In this regard, Allah says: {And if you know them to be believers, then do not return them to the disbelievers; they are not lawful [wives] for them, nor are they lawful [husbands] for them... And hold not to marriage bonds with disbelieving women.} [Sūrat al-Mumtahanah: 10]