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The question

Does the ruling on a wife's deliberate apostasy differ if she was authorized [to act on behalf of her husband]?

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

According to the well-known position in Imam Malik's , the apostasy of either spouse is considered an irrevocable divorce (ṭalāq bā’in). It is an irrevocable repudiation that necessitates a new marriage contract if they wish to return to each other. If it occurs before consummation (al-bināʾ), the wife is entitled to half of the mahr. The matter differs if the wife intended, by her apostasy, to separate from her husband; in this case, she is treated contrary to her intention, and the marriage is not dissolved. However, if the wife was delegated the right of divorce (mufawwaḍah bi al-ṭalāq) and intended divorce through her apostasy, it appears that she is divorced by that act, as she has the right to divorce. If the husband apostatized with the intention of dissolving the marriage, his intention is considered valid by agreement, as the marital bond (al-ʿiṣmah) is in his hands.

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Ftawy
Original fatwa ID
136295
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