Back to search

Is the wife considered Islamically divorced and entitled to marry another if her husband apostatized from Islam and declared that before a non-Islamic court a year ago, and they have since separated?

1 min readAlso available in العربية

The jurists have agreed that the apostasy of one of the spouses فسخ (dissolves) the marriage, but they differed on the time of the dissolution. Some are of the opinion that it is immediate, while others believe it occurs upon the completion of the iddah (waiting period). If the apostate returns to Islam before the iddah expires, the marriage remains valid; otherwise, it is dissolved. Some scholars, including Sheikh al-Islam Ibn Taymiyyah, hold the view that the wife has control over her own affairs after the iddah expires, and therefore she has the choice to dissolve the marriage or to wait. This view is closer to the legal evidence. Accordingly, the woman may marry whomever she wishes after her iddah ends. She should strive to officially document the dissolution and refer to the Islamic center in her country to consider her husband's situation and what ensues from that.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy