Please answer ny query without redirectiing to other fatwas. I am in lot of pressure and anxiety. About 3 and half years ago, in one quarrel, my husband was so upset and frustrated that he insulted Allah the almighty in anger (naujubillah). He was so frustrated he could not control himself and uttered a nasty word about Allah. He qas really sorry afterwards and so ashamed that he didn't want to talk about it and we stayed together. He did not consider that it could be disbelief, so he tells me he repented. But most probably did nit renew his shahadah as he never thought he could be out of Islam. So he prayed during the idddah period after tge incident which includes shahadah in tashahhud. But specific repentance from kufr didn't happen. After one and half year we also had a daughter. Now what is the status of our marriage and daughter? I am really shocked and confused. We also had one divorce after 2 years of this incident and he took me back immediately. According to hanafi, marriage was then and there broken and divorce also didn't count as there was no marriage. But I don't kniw about the status of the daughter according to them. What if we re-marry? Will the daughter be able to stay with us then? My husband is really possessive about his daughter and will never accept to denounce her. I also don't want ti separate them. I fear Allah will punish me if I take away a daughter from her father based on a sin of the father for which he is repentant. Please help urgently.
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad is His slave and Messenger.
What happened to your husband is the best evidence about the seriousness of anger and the doors of evil that it leads to.
You did not tell us exactly what your husband uttered. However, just despising Allah is apostasy from Islam, let alone insulting Him and the like.
Anger does not waive the person from being held to account for his deeds if he is conscious of what he says.
Some scholars –like Ibn Al-Qayyim – are of the view that if anger makes the person reach the state of where he has no control over himself, then he is not held accountable.
In any case, since your husband prayed after that, then he is ruled to be a Muslim just because he prayed.
Ibn Taymiyyah said: “The jurists considered a number of acts to be evidence that a person is a Muslim, even if it is not known that he uttered the Shahaadatayn (The Two Testimonies of Faith) [..] The Hanafi and Hanbali Schools are of the view that a non-Muslim is ruled to be a Muslim by him performing the prayer.” [End of quote]
Based on the above, you should know that you are still in bond of marriage with your husband, so keep good marital relations with him and repel any whispers that you may have about this entire matter including the matter of your daughter; she is the daughter of both of you without any doubt.
If your husband divorced you afterwards while you are in bond of marriage with him, then it is counted as divorce.
Finally, you should know that the Sharee’ah clarified how to treat anger by undertaking some means, among which is seeking refuge in Allah from the accursed devil, performing ablution, changing the position one is in; if he is standing, he should sit down; if he is sitting down, he should lie dawn, and so forth.
Allah knows best.
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