Does a Nikah Remain Valid After One Spouse Temporarily Leaves Islam and Later Reverts?
Answered by Shaykh Irshaad Sedick
Question
I reverted to Islam and got married, but later doubted my faith and left Islam, which we thought nullified our Nikah. After two months, I retook my Shahada and have been practicing Islam since. Is our Nikah still valid, or do we need to renew it after my apostasy?
Answer
It is commendable that you have returned to Islam and are now practicing your faith. May Allah (Most High) keep you steadfast.
Allah (Most High) says: “And if you fear that they may not maintain the limits of Allah, then there is no blame upon either of them concerning that by which she ransoms herself.” [Quran, 2:229]
Regarding your marriage, scholars have clarified that apostasy (leaving Islam) affects the validity of a Nikah (marriage) based on certain conditions.
If the Marriage Was Consummated
If the marriage was consummated before the apostasy occurred, then the marriage is not immediately annulled. Instead, it is suspended during the waiting period (‘idda).
– If you returned to Islam (by retaking the Shahada) before the waiting period ended—which is three menstrual cycles or childbirth if pregnant—then the marriage remains valid without requiring a new contract.
– If the waiting period expired before your return to Islam, the marriage is considered annulled, and a new contract would be necessary for the couple to reunite.
If the Marriage Was Not Consummated
If the marriage had not been consummated, then the marriage would have been immediately annulled upon apostasy, requiring a new contract after returning to Islam.
References
– Imam Al-Rafi’i in Al-Aziz Sharh Al-Wajiz (8/94)
– Imam Al-Nawawi in Rawdat Al-Talibin (7/148)
– Imam Ibn Ziyad (Allah have mercy on him) ruled that if a woman swore an oath that involved unbelief and intended actual disbelief, her marriage would be annulled unless she returned to Islam within her waiting period. If she did not intend disbelief, she remained Muslim but was required to repent and renew her Shahada [Ghayatu’l-Talkhis, p. 249].
Conclusion
Since you have already retaken your Shahada and resumed practicing Islam, you must assess whether the waiting period had expired before your return. If it had, you would need to renew the Nikah with a new contract and witnesses. If not, your Nikah remains valid.
And Allah knows best.
[Shaykh] Irshaad Sedick
Checked and Approved by Shaykh Mohammad Abu Bakr Badhib
Shaykh Irshaad Sedick was raised in South Africa in a traditional Muslim family. He graduated from Dar al-Ulum al-Arabiyyah al-Islamiyyah in Strand, Western Cape, under the guidance of the late world-renowned scholar Shaykh Taha Karaan (Allah have mercy on him), where he taught.
Shaykh Irshaad received Ijaza from many luminaries of the Islamic world, including Shaykh Taha Karaan, Shaykh Muhammad Awama, Shaykh Muhammad Hasan Hitu, and Mawlana Abdul Hafeez Makki, among others.
He is the author of the text “The Musnad of Ahmad ibn Hanbal: A Hujjah or not?” He has been the Director of the Discover Islam Centre, and for six years, he has been the Khatib of Masjid Ar-Rashideen, Mowbray, Cape Town.
Shaykh Irshaad has fifteen years of teaching experience at some of the leading Islamic institutes in Cape Town). He is currently building an Islamic podcast, education, and media platform called ‘Isnad Academy’ and has completed his Master’s degree in the study of Islam at the University of Johannesburg. He has a keen interest in healthy Prophetic living and fitness.
