Husband converted to Islam... wife still non-Muslim
19-2-2012 | IslamWeb
Question:
assalamualaikum shaikh one of my friend his name was kiran riverted to islam now his name is Yaseen alhadulillah he is married (as per hindu method) before reverting now he is doing dawa with her wife but yet she is not accepted. in this condition can he servive life with her? can he maintain the sexual relations with her? in case if she is not accepted the islam does this relation comes under zina? plz ans me as early as possible jazakallah..
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
His wife is either a non-believing woman from the People of the Book or a non-Muslim woman from other fiaths.
If she is from the People of the Book, then their marriage continues as it is [i.e., is still valid]. Ibn Qudaamah 
said in his book entitled Al-Mughni, “If the husband of a woman from the People of the Book becomes a Muslim before the consummation of the marriage or after it, or they both become Muslim at the same time, then the marriage continues as it is. This is [still valid] whether her husband is a non-believer from the People of the Book or from other non-believing faith. This is so because a Muslim may initiate marriage with a woman from the People of the Book, so keeping this marriage valid is more appropriate.”
However, if she is a non-believer but not from the People of the Book, then she is not lawful for him as Allaah The Almighty Says (speaking about the non-believing women from Quraysh other than the People of the Book)(what means): {And hold not to marriage bonds with disbelieving women.} [Quran 60:10]
Therefore, [in this case] he is not permitted to have sexual intercourse with her, and if he does so, it is pure Zina (fornication or adultery). However, if she becomes a Muslim during her waiting period, then she returns to him [she stays as his wife] by the first marriage.
Finally, we advise him to exert the utmost efforts in calling her to Islam and encouraging her to embrace it. He should supplicate Allaah The Almighty for her as Allaah may make him a reason for her embracing Islam, and in this manner, he will gain the good of this worldly life and that of the Hereafter. The Prophet said: "If Allaah guides one single man (to Islam) by your efforts, that will be better for you than possessing an abundant number of red camels (a very expensive breed of camels which is considered as the most valuable property in the sight of the Arabs)." [Al-Bukhari and Muslim]
Allaah Knows best.