Does divorce take place when a husband, in a state of anger, curses the religion and the Lord, knowing that he prays and fasts, and is his action considered apostasy?
Scholars agree that cursing God or religion is apostasy, and the majority of them believe that the separation between spouses due to apostasy is an annulment (faskh), while the Malikis hold that it is an irrevocable divorce (ṭalāq bā’in), and this is the most preponderant view.
Apostasy nullifies deeds, as Allah the Almighty says: "And whoever disbelieves in faith—then [surely] his work has become worthless" and "If you associate [others with Allah], your work will surely become worthless."
The separation between spouses occurs immediately upon the first act of apostasy. Any divorce after that does not take effect because it occurs during a period of separation (baynūnah).
A new legitimate marriage contract must be renewed between you, and the husband must cease cursing religion and the Lord.
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