Fatwa ID: 03347

Answered by: Maulana Mujahid Hussain.​

Question

My husband asked me for a divorce in the civil court last year and also gave me an Islamic divorce, However, 4 days before the idaah was due to end he came back and we tried again.

Recently he said he is not a Muslim anymore and no longer believe in god full stop. Last week he told me the marriage was over and we have not spoken since. Today I received my decree absolute from the court. My questions are: because he has left Islam are we automatically divorced and if not does the civil divorce means we have divorced Islamically also? There are 3 children from our marriage should I let him see them due to the fact he isn't a Muslim any longer and which he doesn't hide from the children he also during the last 5 years committed Zina and drank alcohol and still continues to do so.

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

In the name of Allah, the Most Gracious, the Most Merciful 

Answer

Both the Islamic and court divorces are valid, likewise, your marriage contract is automatically annulled by him becoming an apostate.

For these reasons, you are no longer in a marriage with him.

You should let him see the children occasionally, however, try to make sure they are not adversely influenced due to his company.

Only Allah Knows Best.

Written by Maulana Mujahid Hussain.

Checked and approved by Mufti Mohammed Tosir Miah 

Darul Ifta Birmingham