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The question

Is the wife considered Islamically divorced and entitled to marry another if her husband apostatized from Islam and declared that before a non-Islamic court a year ago, and they have since separated?

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

The jurists have agreed that the apostasy of one of the spouses فسخ (dissolves) the marriage, but they differed on the time of the dissolution. Some are of the opinion that it is immediate, while others believe it occurs upon the completion of the (waiting period). If the apostate returns to Islam before the iddah expires, the marriage remains valid; otherwise, it is dissolved. Some scholars, including Sheikh al-Islam Ibn Taymiyyah, hold the view that the wife has control over her own affairs after the iddah expires, and therefore she has the choice to dissolve the marriage or to wait. This view is closer to the legal evidence. Accordingly, the woman may marry whomever she wishes after her iddah ends. She should strive to officially document the dissolution and refer to the Islamic center in her country to consider her husband's situation and what ensues from that.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
5110
Imported
Translation status
Source text, unreviewed
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