Dought & clear, - I heard that if a man reviles religion, his wife
becomes divorced from him, and he has to repent, seek forgiveness and
do a new marriage contract. How true is this?.
Praise be to Allaah.
Reviling religion is apostasy from Islam. The same applies to reviling
the Qur'aan or the Messenger (blessings and peace of Allah be upon
him): it is apostasy from Islam, and kufr (disbelief) after faith - we
seek refuge with Allah. But it does not mean that the wife is divorced
(talaaq); rather they should be separated without divorce. It cannot
be divorce; rather she becomes haraam for himbecause she is a Muslim
woman whereas he is a kaafir, and she remains haraam for him until he
repents. If he repents and her 'iddah has not yet ended, she goes
backto him without any needfor anything, i.e., if he repents and turns
back to Allah, she goes back to him. But if her 'iddah has ended and
he has not repented, then she may marry whomever she wants. That is
like a divorce but it is not a divorce (talaaq); rather it is like
divorce because Allah has forbidden Muslim women for kaafirmen.
If he repents after the 'iddah has ended and hewants to (re)marry her,
there is nothing wrong with that, but it should be done with a new
marriage contract, so as to be on the safe side and avoid an area
concerning which the scholars differed. Some scholars think that she
is permissible for him without a new marriage contract: if she chose
him and did not marry anyone else after the 'iddah ended, she remains
as she was (i.e., still married). However, the majority say that when
the 'iddah ends, she becomes irrevocably divorced from him and becomes
a non-mahram to him, and she cannot become permissible for him except
with a new marriage contract. So it is better and more on the safe
side to do a newmarriage contract. This applies if the 'iddah ended
before he repented. But if he repents before the 'iddah ends, then she
is still his wife, because theProphet (blessings and peace of Allah be
upon him) accepted the marriage contracts of men who became Muslim
after their wives did, before the wives' 'iddahs ended. End quote.
Shaykh 'Abd al-'Azeez ibn Baaz (may Allah havemercy on him)
Fataawa Noor 'ala al-Darb, by Ibn Baaz, 1/106
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Sunday, March 17, 2013
Ruling on the wife of one who reviles religion.
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