If a person apostatises from Islam -- Allah forbid -- and then comes back to Islam before the end of the ‘iddah period and without anyone knowing about this matter, does his wife become permissible for him without renewing the marriage contract? Does this count as one divorce (talaaq)? If he had not consummated the marriage with his wife and he apostatised -- Allah forbid - - does his wife become irrevocably divorced from him straight away regardless of whether he comes back to Islam?.<\/p>","answer":"
Firstly: <\/p>\r\n
If the husband does or says something that implies apostasy from Islam, such as reviling Allah (may He be exalted) or reviling His Messenger (blessings and peace of Allah be upon him) or denying something that is well known to be a basic matter of Islam -- if that happens before consummating the marriage, then the marriage is annulled straight away. <\/p>\r\n
Ibn Qudaamah (may Allah have mercy on him) said: If one of the spouses apostatises before consummation of the marriage, the marriage is annulled according to most scholars. But it was narrated from Dawood that (marriage) is not annulled by apostasy, because the basic principle is that the marriage remains as it is. But Allah says (interpretation of the meaning): “Likewise hold not the disbelieving women as wives” [al-Mumtahanah 60:10]<\/em> and “send them [believing women] not back to the disbelievers. They are not lawful (wives) for the disbelievers nor are the disbelievers lawful (husbands) for them” [al-Mumtahanah 60:10]<\/em>. The difference in religion means that intimacy is not permissible, which inevitably means annulling the marriage, as is also the case if a woman becomes Muslim whilst married to a kaafir. <\/p>\r\n End quote from al-Mughni<\/em>, 7\/133 <\/p>\r\n It apostasy occurs after consummation, should they be separated immediately or should separation be delayed until the end of the ‘iddah? <\/p>\r\n There is a difference of opinion among the fuqaha’ concerning this. <\/p>\r\n The view of the Shafaa‘is, and the correct view according to the Hanbalis, is that if he comes back to Islam before his wife’s ‘iddah ends, then the marriage remains as is. If the ‘iddah ends before he comes back to Islam, then separation takes place and he cannot go back to his wife except with a new marriage contract. <\/p>\r\n The view of the Hanafis and Maalikis is that apostasy means that they must be separated immediately, even if that is after consummation of the marriage. See: al-Mughni<\/em>, 7\/133; al-Mawsoo‘ah al-Fiqhiyyah<\/em>, 22\/198; al-Insaaf<\/em>, 8\/216; Kashshaaf al-Qinaa‘<\/em>, 5\/121; Tuhfat al-Muhtaaj<\/em>, 7\/328; al-Fataawa al-Hindiyyah<\/em>, 1\/339; Haashiyat al-Dasooqi<\/em>, 2\/270. <\/p>\r\n Some of the scholars say that if he repents after the ‘iddah ends, he may go back to his wife if she agrees to that and she has not married someone else. <\/p>\r\n