If an apostate repents, is he permitted to take his wife back to his home? Does he owe an expiation? And are his children from before his repentance legitimate?
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The questioner : If an apostate repents and returns to Islam with a sincere intention for the sake of Allah, and Allah expands his chest for Islam, is he entitled to bring his wife back to his home while he is committed to all the pillars of Islam, with sincerity, faith, and truthful tawhid (the oneness of Allah)? What is the expiation that he can perform purely for the face of Allah after he has repented? And are his children from before the repentance legitimate?
The Shaykh : This issue, or this question, contains three points.
The questioner : Yes.
The Shaykh : The first point: If he embraces Islam, repents, and is sincere to Allah (Mighty and Majestic), does his wife return to him?
The questioner : Yes.
The Shaykh : We have previously stated that if the cause of the apostasy occurred before the consummation of the marriage and the seclusion that necessitates the waiting period, then the marriage contract is annulled, and in that case, she is not lawful to him except with a new contract. If that occurred after the consummation or the seclusion that necessitates the waiting period, then the matter depends on the completion of the waiting period. If his repentance occurs before the completion of the waiting period, she is his wife. If it occurs after the completion of the waiting period, the majority of scholars hold that she is not lawful to him except with a new contract. Some scholars have held that she is lawful to him if he returns to her, and that the completion of the waiting period necessitates—or rather, removes—his authority over her, but does not make her unlawful to him if he returns to Islam. Based on these two cases, the ruling for this man regarding his return to his wife becomes clear. As for what is obligatory upon him regarding what has passed, sincere repentance wipes out what came before it, as Allah the Exalted said:[Al-Anfal 8:38] And the Prophet (peace and blessings be upon him) said to 'Amr ibn al-'As: Mishkat al-Masabih 28Sahīh (Zubair `Aliza'i) As for his children, if he believed that the marriage remained valid because he was following a scholar who does not consider abandoning prayer to be disbelief,
The questioner : Yes.
The Shaykh : or if he did not know that abandoning prayer is disbelief, then his children are attributed to him and are considered his. However, if he knew that abandoning prayer is disbelief, and that his wife is not lawful to him while he is abandoning prayer, and that his intercourse with her is unlawful intercourse, then his children are not attributed to him in this case. In conclusion, this is one of the great and major issues with which some people are afflicted today. We ask Allah for safety and a good outcome for us and for them.
The Shaykh : This issue, or this question, contains three points.
The questioner : Yes.
The Shaykh : The first point: If he embraces Islam, repents, and is sincere to Allah (Mighty and Majestic), does his wife return to him?
The questioner : Yes.
The Shaykh : We have previously stated that if the cause of the apostasy occurred before the consummation of the marriage and the seclusion that necessitates the waiting period, then the marriage contract is annulled, and in that case, she is not lawful to him except with a new contract. If that occurred after the consummation or the seclusion that necessitates the waiting period, then the matter depends on the completion of the waiting period. If his repentance occurs before the completion of the waiting period, she is his wife. If it occurs after the completion of the waiting period, the majority of scholars hold that she is not lawful to him except with a new contract. Some scholars have held that she is lawful to him if he returns to her, and that the completion of the waiting period necessitates—or rather, removes—his authority over her, but does not make her unlawful to him if he returns to Islam. Based on these two cases, the ruling for this man regarding his return to his wife becomes clear. As for what is obligatory upon him regarding what has passed, sincere repentance wipes out what came before it, as Allah the Exalted said:
Say to those who have disbelieved [that] if they cease, what has previously occurred will be forgiven for them
قل للذين كفروا إن ينتهوا يغفر لهم ما قد سلفIslam demolishes what preceded it
إن الإسلام يهدم ما قبلهThe questioner : Yes.
The Shaykh : or if he did not know that abandoning prayer is disbelief, then his children are attributed to him and are considered his. However, if he knew that abandoning prayer is disbelief, and that his wife is not lawful to him while he is abandoning prayer, and that his intercourse with her is unlawful intercourse, then his children are not attributed to him in this case. In conclusion, this is one of the great and major issues with which some people are afflicted today. We ask Allah for safety and a good outcome for us and for them.