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.