It is not permissible for a Muslim woman to be married to a disbeliever. Allah says:
لَا هُنَّ حِلٌّ لَّهُمْ وَلَا هُمْ يَحِلُّونَ لَهُنَّ
they are not lawful [wives] for them, nor are they lawful [husbands] for them. (60:10)
they are not lawful [wives] for them, nor are they lawful [husbands] for them. (60:10)
وَلَا تُنكِحُوا الْمُشْرِكِينَ حَتَّىٰ يُؤْمِنُوا
And do not marry polytheistic men [to your women] until they believe. (2:221)
And do not marry polytheistic men [to your women] until they believe. (2:221)
This ruling from Allah applies to the woman who has married a Muslim man, who later made riddah (apostasy).
Under such circumstances, the marriage contract becomes invalid because of the prohibition to marry a disbelieving man.
It is not permissible for a such a Muslim woman to remain in the same residence with such a man. She must do her best to leave the home of such man, as quickly as possible; or do her best to have such a man removed from her place of residence.
Please remember that the murtad (apostate) is executed under Islamic law (by those in authority, and not the subjects of such authority). The Prophet (saws) said:
مَنْ بَدَّلَ دِينَهُ فَاقْتُلُوهُ
“He who changes his religion (i.e. apostates) kill him.”
“He who changes his religion (i.e. apostates) kill him.”
لَا
يَحِلُّ دَمُ امْرِئٍ مُسْلِمٍ إلَّا بِإِحْدَى ثَلَاثٍ: الثَّيِّبُ
الزَّانِي، وَالنَّفْسُ بِالنَّفْسِ، وَالتَّارِكُ لِدِينِهِ الْمُفَارِقُ
لِلْجَمَاعَةِ
“It is not permissible to spill the blood of a Muslim except in
three [instances]: the married person who commits adultery, a life for a
life, and the one who forsakes his religion and separates from the
community.”Most importantly, she can no longer have sexual relations with such a man, as that would be considered zina’ (adultery), and Allah says:
وَلَا تَقْرَبُوا الزِّنَا ۖ إِنَّهُ كَانَ فَاحِشَةً وَسَاءَ سَبِيلًا
And come not near to the unlawful sexual intercourse. Verily, it
is a Fahishah [i.e. anything that transgresses its limits (a great
sin)], and an evil way (that leads one to Hell unless Allah forgives
him). (17:32)And Allah knows best…
FATWA BY SHAYKH SULEIMAN ANWAR
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