What is the effect of apostasy on marriage in the Maliki school, and is it considered a minor or major irrevocable divorce, and can the man عقد on his wife with a new marriage contract?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
If one of the spouses apostatizes, the well-known view in the Maliki is that the marriage is dissolved between them by an irrevocable divorce (ṭalāq bā’in), which is a minor irrevocable divorce (baynūnah ṣughrā). They are permitted to renew the marriage contract after the apostate repents and returns to Islam. This divorce is counted against them, so they return with two remaining divorces. It has been narrated from Imam Malik that the dissolution occurs without a divorce, and it was also said that it is a revocable divorce (ṭalāq raj‘ī).
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