Effect of Apostasy on Marriage
Question
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Effect of Apostasy on Marriage
Answer
With regards to your query, please be informed of the following:
Please be hereby informed that when any of the parties to an Islamic marriage becomes guilty of apostasy, the marriage does not immediately terminate.
Instead, the marriage goes into suspense for the entire duration of the ‘iddah (waiting period) determined as three menstrual cycles of the wife.
Should the apostasizing party revert to the fold of Islam within this period, the marriage subsists without the need for a new matrimonial ceremony.
If the ‘iddah period expires without the apostasizing party reverting to the fold of Islam, the marriages ceases to exist upon expiry of the ‘iddah.
Should the apostasizing party revert thereafter, a new nikāḥ will be required.
والله تعالى أعلم
- Answered by
- Mufti Taha Karaan
Where scholars differ, it’s safer to take the more cautious view.
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Source: Muslim Judicial Council — Fatwa Department — https://mjc.org.za/fatwa/effect-of-apostasy-on-marriage/
Fatawa SA: https://fatawa.co.za/fatwa/mjc-187
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