A jurisprudential-legal review and critique of the theory of the necessity of a Muslim woman or man’s separating from their unbeliever spouse

One of the marriage laws in Islamic jurisprudence pertains to the compatibility of the spouses' religious beliefs. In accordance with this principle, esteemed jurists do not deem a permanent marriage between a Muslim and the People of the Book, or a permanent or temporary marriage with an unbeliever, as permissible. The central inquiry of this research is: "If an individual from the People of the Book or an unbeliever embraces Islam, is their existing marriage still valid, or are they required to separate from their spouse?" While contemporary jurists advocate for the continuity of marriage with People of the Book, they endorse separation in the case of an unbeliever. Through the conducted analyses, an alternative perspective of significance emerges. This study, employing a descriptive-analytical approach and drawing upon evidence, interpretation of narrations, and the viewpoints of ancient scholars, explores innovations in this matter. The research findings demonstrate a preference for the selected perspective over the prevailing contemporary fatwa, as it aligns more closely with the language of the narrations. Although Iranian laws do not explicitly address this issue, Article 167 of the Constitution mandates reference to valid jurisprudential opinions from qualified jurists. It is evident that, relying on authoritative jurisprudential sources or fatwas endorsing the continuation of marriage between a Muslim woman and a person of the People of the Book or an unbeliever, there will be no legal or jurisprudential obstacle to this viewpoint.