Woman becoming apostate with the intention of breaking her nikaah

Q: If a woman becomes a murtadd (apostate) with the intention of breaking her nikaah (marriage), will her nikaah break?

A: How can a woman ever think of rejecting her faith in Allah Ta'ala and coming out of the fold of Islam just in order to break her nikaah with her husband?! This is haraam and totally forbidden in Islam. A woman should never think of committing such a serious and vile sin just in order to break her nikaah. It is possible that after leaving the fold of Islam, she may pass away on kufr.

The fuqaha have stated that if a woman rejects faith - may Allah Ta'ala forbid - she will come out of the fold of Islam and her nikaah will break. However, after embracing Islam, she will have to return to her previous husband. It will not be permissible for her to marry another person.

Hence, a woman experiencing difficulty in her nikaah should never think of rejecting her faith with Allah Ta'ala just because of the difficulty she is experiencing in her nikaah. Rather, the solution for such a woman is that she should go to some ulama body in the place she stays and explain to them her difficulty and ask them to annul her nikaah.

And Allah Ta'ala (الله تعالى) knows best.

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)