Assalamu Alaikkum Mufti Sahib, My sister is a pious Muslim girl and got married a year ago in a Muslim family. After the marriage, we come to know that his husband is not at all praying any prayer (including Jumma & Eid prayer) and not obeying any of the Islamic duties. She asked about this to her husband and he is telling that, there is no god like Allah and he is not accepting our prophet Mohamed. Also he showed his legs towards sky and telling that I have insulted your allah. Now we kindly request your fatwa for the following, 1) Whether still he is a Muslim or not? 2) Whether the Nikah with my sister is valid or not? 3) Now what are steps we need to take? All of our family members are in a very worrying situation and awaiting your guidelines for proceed further in this matter. Allah Kafiz.
Answer:
(Fatwa: 1055/826=H/1430)
Take the case to any local or nearby Sharai Panchayat or Darul Qadha. They shall note down the statement of her husband and after due investigation they will cancel the nikah and separate the husband and wife. Therefore, having passed her iddah period, she can marry anywhere she likes. In short, this case is not related to Darul Ifta, rather it can be solved in any Sharai Panchayat or Darul Qadha.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband