Do Couples Need a New Marriage Contract After Converting to Islam?

Question: If a husband and wife both convert to Islam, do they need to establish a new marriage contract?

All Praise

Summary:  Their initial marriage contract remains sufficient, and there is no need for a new contract. However, if local laws and requirements necessitate a new marriage contract for paperwork purposes, it is permissible to do so.

Detailed Answer:

Ibn Qudaamah (may Allah have mercy on him) said:

“Chapter Three: If both the husband and wife accept Islam together, they maintain their original marriage contract, whether before or after the consummation of the marriage. Scholars unanimously agree on this point, praise be to Allah.

Ibn ‘Abd al-Barr noted that there is scholarly consensus on this issue because there is no difference in religion between the spouses. Abu Dawood narrated from Ibn ‘Abbaas that a man came to embrace Islam during the time of the Messenger of Allah (peace and blessings of Allah be upon him), followed by his wife. The man said, ‘O Messenger of Allah, she became Muslim when I did.’ The Prophet (peace and blessings of Allah be upon him) then returned her to him.”

al-Mughni, part 7, Ahkaam al-Nikaah

And Allah Knows Best