Is the Marriage Still Valid After a Spouse Apostatizes and Later Returns to Islam?

Answered by Mawlana Ilyas Patel

Question

What is the Hanafi position on the nikah when a spouse apostatizes and then returns to Islam?

Answer

In the Name of Allah, the Most Merciful and Compassionate.

If one of the spouses apostatizes, the marriage will be dissolved (faskh), and the waiting period will be obligatory if the marriage was consummated.

If the husband reverts to Islam and intends to remarry, he may do so either within the waiting period (idda) or thereafter, with a new marriage contract, mahr, and two witnesses.

It must have been a period of difficulty, yet one of immense joy and gratitude at returning to faith in Islam.

If they now want to remarry, they may do so either within the waiting period or thereafter with a new contract, mahr, and witnesses.

Allah Most High says: “And do not marry polytheist women until they believe…” [Quran 2:221; Keller, The Quran Beheld]

‘If one of the spouses apostatizes, either the husband or the wife, the marriage is dissolved (faskh) immediately, without the need for a judicial ruling. The wife will be entitled to maintenance during the waiting period.’ [Ibn Abidin, Radd al-Muhtar]

Apostasy Affects Marital Bond

Apostasy affects the validity and continuity of the marriage bond. Therefore, it will be dissolved upon leaving Islam.

Show Gratitude

It is a time of joy and to show gratitude that the spouse has returned to Islam and is now practicing the faith. May Allah (Most High) keep us all steadfast in His faith and Islam.

And Allah knows best.

[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani

Related Answers

• Can I Remain Married to My Husband Who Left Islam?
  An overview of whether a marriage remains valid when a husband apostatizes, and what steps are required if he later returns to Islam.
• What practical steps should we take if our family members leave Islam?
  Pastoral guidance on responding to a relative’s apostasy with wisdom, compassion, and a clear understanding of Islamic teachings.

Mawlana Ilyas Patel has received traditional education in various countries. He started his schooling in the UK and completed his hifz of the Quran in India. After that, he joined an Islamic seminary in the UK, where he studied secular and Aalimiyya sciences. Later, he traveled to Karachi, Pakistan, and other Middle Eastern countries to further his education. Mawlana has served as an Imam in the Republic of Ireland for several years and taught the Quran and other Islamic sciences to both children and adults. He also worked as a teacher and librarian at a local Islamic seminary in the UK for 12 years. Presently, he lives in the UK with his wife and is interested in books and gardening.