The World Federation One Stop Fiqh
Search
Menu

Ask an Alim

Spouse turning atheist after marriage

Q:

salaam,
I have been married for 5 years now and my husband has not always been someone strongly connected to faith. However, i thought once we’re together we can try to work at this together as i thought this was merely a matter of laziness. However, this year especially my husband has completely gone off faith, he never used to pray that much before either, probably he would go for jummah namaz only but now he does not even do that, he is not fasting and he listens to atheist speakers. He believed there to be no god and no religion ( astaghfirullah). Me being a muslim lady strongly dependent on my faith, i wanted to know what am i supposed to do in this situation and if my marriage is still valid or not, as he was muslim when i married him.
all help and advise is needed.

Jazakallah khair

A:

Wa Alaikum al-salam

Thanks for your question

Sometimes people say thing but they don’t mean that, these saying are out of feeling and there are no intention behind it, but other times they say thing with previous intention, there is a believe behind that, in islam this count as Irtidad (Apostasy) which means abandoning islam and The punishment for apostasy includes state enforced annulment of his or her marriage, seizure of the person’s children and property with automatic assignment to guardians and heirs, and death for the apostate.
there are two type of ‘apostate’ (murtadd):
1. ‘fiṭrī’: this is someone whose father and mother, or one of them, were Muslim when he was born, and after he was able to discern between right and wrong (tamyīz) he remained a Muslim, and after that he became a disbeliever.
2. ‘millī’: this is someone who is the opposite [of a fiṭrī apostate; i.e. it refers to someone whose father and mother, or one of them, were disbelievers when he was born, and after he was able to discern between right and wrong he became a Muslim, and after that he became a disbeliever].
rulings about a man becomes apostate according to ayatullah sistani:
Ruling 2467. If after marriage a man becomes a fiṭrī apostate, his wife becomes unlawful for him. If they have had sexual intercourse and she is neither postmenopausal nor a minor, she must observe the ʿiddah of a widow, which will be explained in the rulings pertaining to divorce. In fact, based on obligatory precaution, if they have not had sexual intercourse or she is either postmenopausal or a minor, she must still observe the ʿiddah of a widow. And if the man repents within the ʿiddah period, then based on obligatory precaution, if the couple wish to live together they must contract a marriage again, and if they wish to separate they must get a divorce.
Ruling 2468. If after the conclusion of a marriage contract a man becomes a millī apostate, in the event that he has not had sexual intercourse with his wife or his wife is postmenopausal or a minor, the marriage contract becomes void and the woman does not have to observe ʿiddah. And if he becomes apostate after sexual intercourse and his wife is the age of women who experience ḥayḍ, the woman must observe the ʿiddah of a divorce, which will be explained in the laws pertaining to divorce. Furthermore, if the man reverts to Islam before the completion of the ʿiddah, the marriage contract remains as it is.

Regards
Sheikh mahdi mosayyebi