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Husband declared apostasy before marriage

Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

I am married to a non muslim person who accepted islam before getting married to me and declared apostay. Now, its already 8 months since we are married, the problem now is hes not following islam and when i try and explain him the diffrenece in my religion and his religion he gets angry and there is always a quarrel between us. Its ramadan now and hes not fasting nor offering prayers. we have tried a lot for him to teach things but i guess he has no intrest in learning about islam. My parents and I are really worried and we do not want my children in future to follow any other religion other than islam. what do i do? I am really confused.  

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Answer:

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Your Question: I am married to a non muslim person who accepted islam before getting married to me and declared apostay.


Beloved Sister, Shariah Law dictates that if a muslim marries a muslim sister, and later declares apostasy, that marriage would immediately upon the declaration of apostasy be considered annulled and invalid in the Sight of Shariah.

 

Thus, if you are absolutely sure that your husband has verbally declared apostasy after accepting Islam, your marriage is invalid and annulled in the Sight of Shariah Law.

 

If you live in an Islamic Country, you must approach a Shariah Court and give witness that your husband has declared apostasy after marriage, and the Judge will grant you an immediate annulment from your marriage.

 

If you live in a non-Islamic country, it is incumbent upon you to separate immediately and seek a divorce from your apostate husband.

 

Beloved Sister in Islam, we reiterate again, that if your husband has verbally declared apostasy or disbelief in Allah and His Messenger (saws) after marriage, your marriage is immediately and automatically annulled and invalid in the Sight of Shariah and Allah Subhanah and you must immediately separate from him.

 

But if your husband has not verbally declared apostasy, but rather refuses to follow the tenets of Islam, the case would be different and you would still remain his legally wedded wife. 

  

Whatever written of Truth and benefit is only due to Allahs Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength. Allah Alone Knows Best and He is the Only Source of Strength.

Your brother and well wisher in Islam,

Members of Islamhelpline


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