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The question

Is the marriage contract of a husband who curses the Divine Being and swears by divorce annulled, and is his relationship with his wife considered 'zina' (unlawful sexual intercourse), and if he repents, is he required to renew the contract?

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

Scholars have unanimously agreed that reviling Allah the Almighty is an act of disbelief (kufr), and apostasy is one of the causes for separation between spouses. If the apostate repents, the Shafi'i and Hanbali schools (in one narration) hold that renewing the marriage contract is not obligatory for a wife with whom cohabitation has occurred (madkhūl bihā) if he returns to Islam while she is still in her waiting period (idda). In contrast, the Hanafi, Maliki, and Hanbali schools (in the well-known opinion) believe that renewing the contract is obligatory. The correct view is that the separation takes effect upon the expiration of the idda. Ibn Baz was of the opinion that reviling the religion is apostasy that causes separation between spouses, but without being a divorce. If the husband repents while she is in her idda, she returns to him. If the idda ends and he has not repented, she is permitted to marry someone else. If he wishes to marry her after the idda, it is more cautious to have a new contract. As for the children, if pregnancy occurred during apostasy coupled with ignorance of the ruling, paternity is established. Similarly, it is established in a void marriage (nikāḥ fāsid) if there is a semblance of doubt that negates the prescribed punishment (ḥadd), unlike when one is aware of the unlawfulness. According to Abu Hanifa and some Hanafi scholars, paternity is established absolutely, as the contract is considered a semblance of doubt.

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Original fatwa ID
99957
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