Is a wife considered Muslim and still a wife after three and a half years of abandoning prayer and fasting, attending church, and performing Christian rituals, and is the husband sinful for leaving her after taking his daughter, despite her claiming a desire to return to Islam?
If the wife commits an act that takes her out of the fold of Islam while ignorant of the ruling, then she is excused, and she must be taught the matters of her religion. However, if she was aware, then she has apostatized, and the marriage is annulled upon the expiry of her (waiting period) while she is still in a state of apostasy. The Malikis hold that separation due to apostasy is an irrevocable divorce (طلاق بائن), and it takes effect as soon as the husband acknowledges her apostasy. If she repents and returns to Islam, it is permissible to marry her with a new contract. An apostate woman has no right to custody (حضَانة), but if she returns to Islam and becomes upright, she has a greater right to the custody of her children under the age of seven. It is not permissible to sever the children's ties with their mother, and the son must be introduced to his mother. It is advisable to go to the court or consult scholars to resolve the matter.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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