Marriage with a Murtad

Marriage with a Murtad

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

Answer

When the 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)

If your wife decides to become a Muslim again then the fatwa or ruling is that she will be obliged to re-marry you again and she will not be allowed to marry anyone besides you.  The wisdom behind this ruling was so that a woman may not use the avenue of becoming a murtad in order to free herself from the marriage if other alternatives such as an Islamic Sharee Council refuses to annul her marriage etc… (Raddul Muhtar p.367 v.4 & Fatawa Hindiyyah p.362 v.1) Therefore if she becomes a Muslim afterwards it is not obligatory for you to remarry again.

Finnally, the three divorces, which you gave her after she became a Murtad, would not be executed as the marriage had broken.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham

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