Section 3: Ruling on the Marriage of Muslims if One of the Spouses Apostatises
1- If one of the two spouses leaves the fold of Islam before the marriage is consummated:
The four Madhabs agree that if either of the spouses leaves the fold of Islam, their marriage contract will be null and void, and they must be separated from each other.
2. If one of the two spouses leaves the fold of Islam after the marriage is consummated:
The four Madhabs agree, in general, that if either of the spouses leaves the fold of Islam, their marriage contract will be null and void. [79] The Hanafi and Maliki Madhabs hold the view that they must be separated without the need to waiting until the waiting period ends. However, the Hanbali and Shafi’i Madhabs hold the view that if the apostate returns to Islam before the expiry of the waiting period, the marriage contract remains intact and valid.
feqhia
