Can a Muslim Man Marry a Woman Who Has Left Islam?
Shafi'i Fiqh
Answered by Shaykh Irshaad Sedick
Question
A man wishes to marry a woman who was raised Muslim and used to wear the hijab, but who now says she does not believe in God. Is this marriage permitted?
Summary Answer
In the Name of Allah, the Merciful and Compassionate
No. He may not marry her. A woman who once embraced Islam and has now abandoned belief in Allah (Most High) is an apostate (murtadda), and a Muslim is not permitted to marry an apostate by the agreement of the scholars.
The category of Kitabiyya (a chaste Jewish or Christian woman of the People of the Book) does not apply to her, and even if it did, the Shafi’i school imposes particularly strict conditions for its application.
Direct Answer
The default in marriage is that a Muslim man may marry a Muslim woman.
The single exception permitted to him is marriage to a Kitabiyya, a chaste woman from the People of the Book, namely a believing Jewish or Christian woman who meets the conditions of the school. He may not marry any other category of non-Muslim woman.
A woman who left Islam falls outside both categories. She is not a Muslim, and she is not a Kitabiyya. She is a murtadda, and marriage to her is invalid.
The situation you describe is even clearer than the standard case. The sister does not identify as a Christian or a Jew.
She has explicitly stated that she does not believe in God. There is therefore no question of applying the Kitabiyya allowance to her at all. The ruling here is a straightforward prohibition.
Strict Prohibition
Allah (Most High) says: “And do not marry polytheistic women until they believe. A believing slave woman is far better than a polytheist, even though she may please you. And do not marry your women to polytheistic men until they believe.
A believing slave man is far better than a polytheist, even though he may please you. They invite to the Fire, while Allah invites to Paradise and to forgiveness by His permission” [Quran 2:221].
The limited and specific exception subsequently extended to chaste women of the People of the Book is found in [Quran 5:5], and the scholars agree that it does not apply to a woman who has rejected belief in Allah altogether.
Authoritative References
Imam Ibn Naqib al-Misri (Allah have mercy on him) said in ‘Umdat al-Salik that it is unlawful for a Muslim man to marry a Zoroastrian woman, an idol worshipper, or an apostate from Islam (murtadda), and that a Muslim man may not marry any woman other than a Muslim, a Jew, or a Christian [Ibn Naqib, ‘Umdat al-Salik].
Scholarly Agreement
The classical jurists of all four Sunni schools agree that an apostate is not considered one of the People of the Book when it comes to marriage.
The reason is simple: the Kitabiyya exception only applies to women who still follow a previously revealed religion. Someone who accepted Islam and then left all belief has not returned to an earlier faith, but has left faith completely.
So, the general rule in [Quran 2:221] applies again, and the exception in [Quran 5:5] does not apply. [al-Mawsu‘a al-Fiqhiyya]
Practical Guidance
Please do not try to make this marriage happen while she remains apostate. Save your own relationship with Allah and call it off until she embraces Islam.
The best approach is to invite her back to Islam while there is still time. Iman does fluctuate, but many people who left Islam have come back.
Pray for her and help her connect with knowledgeable scholars, but maintain a healthy distance in accordance with Sacred Law.
If she returns to Islam, then marriage with her becomes permissible. Until then, marriage to her is unlawful, and any relationship would not be valid.
The main principle comes from [Quran 2:221]: a believing partner, even if they have little in this world, is better than a disbeliever who may seem appealing.
This is because marriage influences the home, the children, and the direction of the heart in this life and the next.
And Allah (Most High) knows best.
[Shaykh] Irshaad Sedick
Checked and Approved by Shaykh Faraz Rabbani
Related Answers
- Does a Nikah Remain Valid After One Spouse Leaves Islam and Later Returns? — Explains how apostasy affects a marriage and whether the nikah remains valid if the spouse returns to Islam within the waiting period.
- Can I Remain Married to My Husband Who Left Islam? — Discusses the ruling on remaining in a marriage after a spouse leaves Islam and the importance of seeking scholarly guidance.
- Married to an Apostate — Addresses the emotional and legal implications of a spouse returning to another faith after accepting Islam.
- Practicalities of Apostasy — Explores practical rulings related to apostasy, including marriage, inheritance, and family relations.
- apostasy nullifies marriage — SeekersGuidance Tag Archive — A collection of SeekersGuidance answers related to apostasy and its effect on marriage contracts.
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.