Jamiatul Ulama KZN

Nikah terminates upon either spouse renouncing Islam

· 26 Shawwal 1431 AH1 min readEnglish

Question

A couple was married for 3 years. The female was born Muslim & the male was a revert. They are separated for over 1 year & the male has gone back to Christianity. What does the girl do in this case as there is one child out of this marriage. The male did except Islam before the marriage took place.

Answer

The marriage between them terminated upon the husband renouncing the religion of Islam. Her Iddah had commenced at that time and expires upon the completion of three menstrual cycles. If the child was born in wedlock, the father is obligated to provide maintenance for the child. The mother has the right of custody and should bring up the child in according to Islamic values and principles.

And Allah knows best

Answered by
Suhail Tarmahomed (Mufti)
Checked & approved by
Mufti Ebrahim Desai
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Source: Jamiatul Ulama KZN — https://jamiat.org.za/nikah-terminates-upon-either-spouse-renouncing-islam/
Fatawa SA: https://fatawa.co.za/fatwa/jamiat-704

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