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Marriage with a Murtad

Answered as per Hanafi Fiqh by DarulIftaBirmingham
Marriage with a Murtad

In the name of Allah, the most Beneficent, the most Merciful.


When the husband or wife becomes a murtad (apostate) the marriage breaks straight away.  There is no need for a Qadhi or Islamic Sharee Council to annul the marriage.  (Raddul Muhtar p.366 v.4 & Hidayah p.348 v.2)

If your wife decides to become a Muslim again then the fatwa or ruling is that she will be obliged to re-marry you again and she will not be allowed to marry anyone besides you.  The wisdom behind this ruling was so that a woman may not use the avenue of becoming a murtad in order to free herself from the marriage if other alternatives such as an Islamic Sharee Council refuses to annul her marriage etc… (Raddul Muhtar p.367 v.4 & Fatawa Hindiyyah p.362 v.1) Therefore if she becomes a Muslim afterwards it is not obligatory for you to remarry again.

Finnally, the three divorces, which you gave her after she became a Murtad, would not be executed as the marriage had broken.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham

This answer was collected from DarulIftaBirmingham.co.uk, which is run under the supervision of Mufti Mohammed Tosir Miah from the United Kingdom.

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