Question
Please advise on the following issues: 1. What is the marital status of a woman who once embraced Islam, married a Muslim man and 8 years after marriage became apostate? 2. If dissolution of the marriage has taken place should she approach the Islamic judge for documentary proof of her apostasy? 3. What is the status of children born of the marriage before apostasy? 4. The wife was pregnant during her apostasy. What is the status of the child? 5. Is documentary proof of the divorce (if any) necessary.
Answer
The nikah automatically ended with the woman's apostasy (irtidaad). There is no ‗Islamic judge' to decide the issue. In an Islamic state - and there is no such state nowadays - she will be imprisoned and detained as long as she remains an apostate.
The children born prior to her irtidaad are Muslims. The unborn child conceived prior to apostasy will be a Muslim. There is no divorce in this case. Even a valid divorce does not require documentary proof for its validity.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 26 No 10
- PDF page
- 11
Verbatim verified against the source PDF
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