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The question

Is the delegation of divorce to an apostate woman, and her revocation of that delegation, considered valid if the the woman repents and returns to Islam while still in her waiting period ('iddah)?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If the wife's apostasy from Islam is established before consummation, her marriage is immediately annulled. If the apostasy occurs after consummation, scholars differ. Some hold that the marriage is annulled by an irrevocable divorce, while others believe it is annulled without divorce. Still others are of the view that a separation should occur between them, and if she repents before her waiting period (iddah) ends, she remains in her husband's marital bond. However, if her waiting period ends and she has not repented, her marriage is annulled.

Accordingly, if the wife returns to Islam after her waiting period has ended, or if the apostasy occurred before consummation, then the delegation or revocation of divorce is invalid. However, if the apostasy occurred after consummation and the wife returned to Islam before her waiting period ended, then according to the Maliki and Hanafi schools, her marital bond is severed. In contrast, according to the Hanbali and Shafi'i schools, she returns to her husband's marital bond, and the husband's divorce is effective in this case. As for the delegation of divorce, if the husband delegated divorce to her after her apostasy, and she returned what he had put in her hand, then she returned to Islam before the completion of the waiting period, it becomes clear that she was still in his marital bond at the time of delegation, and the delegation becomes void, and the divorce does not occur.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
115765
Imported
Translation status
Source text, unreviewed
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