Anullment of Marriage with an Apostate and Next MarriageCategory: QuestionsAuthor "questions@al-khoei.org"Anullment of Marriage with an Apostate and Next Marriage
KhoshNoud asked 3 years ago

If a woman’s husband becomes apostates (leaves prayers, drinks, fornicates, says statements disrespectful to Allah, the Prophet, the Holy Book), is the marriage immediately annulled after observing iddah? Or does the husband have to proclaim his apostasy to a judge first? Additionally, he had left her for far more than four months to be with other women in haram relationships.
If because of this, the woman was under impression that her marriage has been annulled and therefore has relations within temporary marriage with another man, would this still be zina even though her husband apostated? Can the woman marry this second man permanently as her new husband?
Please not that her first husband’s apostasy has been verbally confirmed to the wife both during the time of the marriage and after khula.

1 Answers
Fadhel Al-Sahlani Staff answered 3 years ago

Salamun Alaikum! Hope you are doing well. We are sorry for replying you late.
If the wife certainly knows that the husband has left Islam, then Nikah/marriage is immediately annulled. After Iddah, the wife is allowed to marry with another person.

After spending Idda duration this woman is allowed to do Nikah (temporary or permanent) with another Muslim man. It would not be considered Zina.