Husband Apostatized Many Times: Is the Marriage Valid?

15-9-2022 | IslamWeb

Question:

if one commit kufr on 3 or more occasions is the marraige stil valid if he repent within iddah period. Also is the annulment that’s caused by kufr count as a dvorce. Please give correct view according to islamweb

Answer:

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  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

If one of the spouses apostatizes after the consummation of marriage and then renews his or her Islam before the ʻIddah (post-divorce waiting period) expires, then the marriage bond remains intact. However, if the apostasy occurred before the consummation of marriage, the marriage contract is immediately annulled (automatically terminated). If the apostate embraces Islam again, the husband may not take back his wife in marriage except with a new marriage contract, if he repents and renews his Islam.

A marriage is automatically annulled because of apostasy and it is not a divorce according to the preponderant scholarly view and the opinion of the majority of scholars. Accordingly, it does not count as one of the three occurrences of divorce.

We would like to highlight the gravity of apostasy as it incurs an utter loss in this worldly life and the Hereafter. Allah, The Exalted, Says (what means): {And whoever of you reverts from his religion [to disbelief] and dies while he is a disbeliever - for those, their deeds have become worthless in this world and the Hereafter, and those are the companions of the Hellfire, they will abide therein eternally.} [Quran 2:217]

Committing this grave sin repeatedly indicates indifference and carelessness. It is feared that the sinner would be punished by putting a seal on his heart and having a foul final stage of life. May Allah, The Exalted, safeguard us!

For more benefit on apostacy and whether the one who repents from it gets back his good deeds, please refer to Fataawa 333871 and 375391.

Allah knows best.

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