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The question

According to the madhhab of Ibn Taymiyyah, is a wife considered divorced or is her marriage annulled if she requests her apostate husband to divorce her, or if she desires not to continue with him? And is the marriage annulled merely by this intention or by the husband saying "I agree" without the intention of divorce? And does the wife have the right to annul the marriage herself, or is the intervention of a judge necessary?

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

Apostasy of a woman's husband means that, after her (waiting period), she has the choice between remaining and awaiting her husband's return to Islam, or annulling the marriage and marrying someone else.

A woman's request for divorce from her husband or her desire for annulment does not constitute a divorce or annulment. Furthermore, the husband's statement "I agree" to her request for divorce does not result in divorce because it is a promise and not an immediate act.

If the woman remains until her husband returns to Islam, her marriage is valid. If the woman wishes to annul the marriage due to her husband's apostasy, the annulment does not depend on a judge's ruling.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
159500
Imported
Translation status
Source text, unreviewed
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