Is the marriage to one who has cursed Allah or His Messenger (peace be upon him) valid if the marriage contract has not been renewed, taking into consideration the view of those who do not annul the marriage contract due to apostasy? And is apostasy considered an annulment or a divorce according to the Hanafis? And what is the ruling on renewing the contract without a guardian, with only two witnesses present?
Whoever curses Allah Almighty or His Messenger, peace and blessings be upon him, is a disbeliever. However, if he repents before his wife's waiting period (') ends, the marriage remains valid according to the Shafi'is and Hanbalis. But if the waiting period ends before his repentance, the marriage is dissolved according to the majority of scholars. It is permissible to act upon any of the differing opinions of the people of knowledge if one is assured of its correctness. Renewing the marriage contract is not valid except in the presence of the guardian (wali) and two witnesses. It is most likely that the questioner suffers from whisperings (), and a person afflicted with whisperings may act upon the easiest of opinions.
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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