The Effect of Apostasy Before and After Consummation on Marriage
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success, is apostasy before consummation considered a final divorce? And is it obligatory for him to renew the contract or not?
Answer:
Yes, apostasy before consummation results in the separation of the wife from him, because she has no waiting period ('iddah), so the wife is separated from him. If he repents to Allah, a new contract is made for him. As for if the apostasy is after consummation, and he apostatizes from Islam, then the wife remains in the waiting period; from the time of apostasy, she remains in the waiting period. If he repents before the completion of the waiting period, she returns to him without a new contract, under the first contract. And if the waiting period is completed and he does not repent, she is separated from him.
He says: Honorable Shaykh, may Allah grant you success, is apostasy before consummation considered a final divorce? And is it obligatory for him to renew the contract or not?
Answer:
Yes, apostasy before consummation results in the separation of the wife from him, because she has no waiting period ('iddah), so the wife is separated from him. If he repents to Allah, a new contract is made for him. As for if the apostasy is after consummation, and he apostatizes from Islam, then the wife remains in the waiting period; from the time of apostasy, she remains in the waiting period. If he repents before the completion of the waiting period, she returns to him without a new contract, under the first contract. And if the waiting period is completed and he does not repent, she is separated from him.
Source
شرح أخصر المختصرات في الفقه، باب: الخلع — islamhouse.com (43:33)
The Arabic text is a machine transcription of the audio recording.