Darul Iftaa Mahmudiyyah

If a husband has become a shia during the marriage, is that sufficient grounds for the wife to be granted a faskh?

· 6 Ramadan 1423 AH1 min readFatwa 7132English

Question

The question text was not published separately; the title stands in for it.

If a husband has become a shia during the marriage, is that sufficient grounds for the wife to be granted a faskh?

Answer

All Shi?as are not non-Muslims. In the case mentioned, if the husband adheres to the beliefs of those Shi?as who are still regarded as Muslims, he becomes a Faasiq (flagrant sinner). Sinning is not a valid reason for the faskh (annulment) of the Nikah.

However, if he embraces the beliefs of those Shi?as who are regarded as non-Muslim, he is also declared a non-Muslim. In such a case, there is no need for Faskh as the Nikah has automatically terminated by his Kufr.

and Allah Ta'ala Knows Best

Mufti Muhammad Kadwa
FATWA DEPT.

Answered by
Mufti Muhammad Kadwa
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Source: Darul Iftaa Mahmudiyyah — https://askimam.org/public/question_detail/7132
Fatawa SA: https://fatawa.co.za/fatwa/askimam-7132

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