Validity of nikaah if any of the spouses becomes a kaafir
Question
If a Muslim man and Muslim woman are married and either one of them utters a statement of Kufr (becomes a murtad [apostate]) while the other one stays Muslim, will their marriage terminate?
Will the marriage terminate at the moment that the statement of Kufr was uttered? Or will it terminate after 3 menstrual cycles?
Answer
If any one of the husband or wife becomes a kaafir, the nikaah immediately terminates.
And Allah Ta'ala (الله تعالى) knows best.
- Answered by
- Mufti Zakaria Makada
- Checked & approved by
- Mufti Ebrahim Salejee (Isipingo Beach)
Where scholars differ, it’s safer to take the more cautious view.
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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/33554
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-33554
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