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Apostasy and coming back to Islam.

Q:

Salam,
I want to know that if male spouse leaves Islam, the Nikah is annulled. Is this annulment a divorce?
If he embraces Islam again and remarries the same woman, will he have two talaaqs left or still three.

A:

Wa Alaykumussalam

Thank you for your query.

Kafir’s rulings are considered as dead person’s rulings. According to Shia rulings, in the case of the husband turning Murtad, the wife will have to observe iddah of wafaat(4 months 10 days) and if the husband really repents and embraces Islam and becomes Muslim again during the time of her wife’s Iddah, they will be husband and wife. There may be different rulings from different Mujtahideen if the Nikah has to be recited again or not. According to Ayatullah Sistani, based on Ehtiyate Wajib the Nikah has to be recited again.

www.sistani.org/persian/book/26578/5749/

So according to this, the first Talaq would not have taken place.

There is a difference in opinions of Shia and Sunni regarding the triple divorce. Sunnis accept the triple Talaq in one gathering even if the husband is angry and utters the word Talaq three times, whereas according to the Shia school of thought three Talaq can’t take place in one gathering. Three Talaq in different gatherings will make the talaq difficult as some or many times, husband would say talaq, talaq, talaq in one gathering and if they have to separate they would undergo a difficult situation.

What does the concept of triple divorce mean and do Sunnis and Shias have different rules when it comes to divorce?

www.al-islam.org/ask/what-does-the-concept-of-triple-divorce-mean-and-do-sunnis-and-shias-have-different-rules-when-it-comes-to-divorce

May Allah(swt) grant you success

Wassalam,

Syed Haider