How many Talaqs the husband will have remaining if his wife became an apostate and then they remarried

Fatwa ID: 01541

Answered by Molana Ishaaq Hussain

Question:

If a wife says something against Islam and then again accepted Islam and again remarry her husband then in this case how many divorces are still left because the husband has not given divorce. It was just due to the fact that wife said something which caused kufr and hence she became Kafir so she again has to remarry her  husband

Answer:

Bismillah

In the name of Allah, the most Beneficent, the most Merciful.

It is mentioned in the books of fiqh.

“When a husband or wife becomes a murtad (apostate) the marriage breaks straight away.  There is no need for a Qadhi or Islamic Sharee Council to annul the marriage.  (Raddul Muhtar p.366 v.4 & Hidayah p.348 v.2, As Siqaya ala Sharh Wiqayah p397 v2)

With regards to saying words of disbelief (Kufr), scholars have mentioned that if the words of disbelief were said in such a manner that the speaker was not aware of what he was saying, or he did not mean to say these words, then although these words may signal disbelief, in reality it will not be counted as disbelief, instead that person will be warned regarding what he said.

However, if the person said words which indicate towards disbelief, then in this situation he will be considered as a disbeliever, and it is pivotal that he renews his faith.  (Inaamul Baari p323 v1, Fatawa Hindiyyah p321 v6)

With regards to your question , if a person’s wife said such words which bring about disbelief and she also said it with intent,  then she is no longer a Muslim, hence their Nikaah has broken. If she renewed her faith, then one must renew the marriage for them to get back together again. No Talaaqs will have been issued due to the reason that talaaq was not mentioned nor issued by yourself.

Only Allah Knows Best

Written by Molana Ishaaq Hussain

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

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