The marriage contract is invalid if the husband claims affiliation with the religions of disbelief
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Question: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz to the honorable brother, the virtuous Shaykh Q. Q., may Allah guide him.
Peace be upon you, and Allah’s mercy and blessings, and after that:
I refer to your question sent to us through the virtuous Shaykh M. N. 'A., number (24/T), dated 24/1/1407 AH. The text of your question is as follows: There is a case filed with the Supreme Court in Cape Town, South Africa, by a Qadiani named A. M. S. against his Muslim wife, Mrs. R. S., in which he demands the continuation of the marriage contract between them. It is stated that if she insists on seeking the annulment of the marriage due to his recent affiliation with the Qadiani sect, she must relinquish their three children from him and give them to him so that they may live with him?
Answer: I inform you that the Permanent Committee for Scholarly Research and Ifta in the General Presidency for Research, Ifta, Dawah, and Guidance in the Kingdom of Saudi Arabia has examined the question and issued a ruling that the marriage in question is invalid because the husband, after the marriage contract, joined the Qadiyyah sect and adopted their creed. It is obligatory for the ruler to separate them, and the woman becomes lawful for whoever wishes to marry her after she completes her waiting period; because by doing so, he has become an apostate, due to the consensus of the scholars on the disbelief of the Qadiyyah sect; for among their beliefs is that Mirza Ghulam Ahmad al-Qadiyani is a prophet to whom revelation is sent. The Book, the Sunnah, and the consensus of the scholars from among the Companions of the Prophet (peace and blessings be upon him) and those after them indicate that everyone who claims prophethood after our Prophet Muhammad (peace and blessings be upon him) is a disbeliever, and that whoever believes him is like him. The Committee also ruled that his Muslim wife has the primary right to the custody of their minor children; because a disbeliever has no authority over a Muslim; due to the generality of the saying of Allah the Exalted: [al-Nisa: 141], and His saying (peace and blessings be upon him): : [At-Tawbah 9:71] the verse [al-Tawbah: 71]. May Allah guide everyone to what He loves and is pleased with.
The General President of Research
Scientific, Ifta, Da'wah, and Guidance
Peace be upon you, and Allah’s mercy and blessings, and after that:
I refer to your question sent to us through the virtuous Shaykh M. N. 'A., number (24/T), dated 24/1/1407 AH. The text of your question is as follows: There is a case filed with the Supreme Court in Cape Town, South Africa, by a Qadiani named A. M. S. against his Muslim wife, Mrs. R. S., in which he demands the continuation of the marriage contract between them. It is stated that if she insists on seeking the annulment of the marriage due to his recent affiliation with the Qadiani sect, she must relinquish their three children from him and give them to him so that they may live with him?
Answer: I inform you that the Permanent Committee for Scholarly Research and Ifta in the General Presidency for Research, Ifta, Dawah, and Guidance in the Kingdom of Saudi Arabia has examined the question and issued a ruling that the marriage in question is invalid because the husband, after the marriage contract, joined the Qadiyyah sect and adopted their creed. It is obligatory for the ruler to separate them, and the woman becomes lawful for whoever wishes to marry her after she completes her waiting period; because by doing so, he has become an apostate, due to the consensus of the scholars on the disbelief of the Qadiyyah sect; for among their beliefs is that Mirza Ghulam Ahmad al-Qadiyani is a prophet to whom revelation is sent. The Book, the Sunnah, and the consensus of the scholars from among the Companions of the Prophet (peace and blessings be upon him) and those after them indicate that everyone who claims prophethood after our Prophet Muhammad (peace and blessings be upon him) is a disbeliever, and that whoever believes him is like him. The Committee also ruled that his Muslim wife has the primary right to the custody of their minor children; because a disbeliever has no authority over a Muslim; due to the generality of the saying of Allah the Exalted:
and never will Allah give the disbelievers over the believers a way [to overcome them].
وَلَنْ يَجْعَلَ اللَّهُ لِلْكَافِرِينَ عَلَى الْمُؤْمِنِينَ سَبِيلًاThe believing men and believing women are allies of one another
وَالْمُؤْمِنُونَ وَالْمُؤْمِنَاتُ بَعْضُهُمْ أَوْلِيَاءُ بَعْضٍThe General President of Research
Scientific, Ifta, Da'wah, and Guidance
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.