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🚪 Divorce, ʿiddah & rujuk · #60

My husband has left Islam (apostasy). What is the status of our marriage?

Under the Shariah, a Muslim woman's marriage to a man who has apostatised cannot continue; but in Malaysia, apostasy does not dissolve a marriage automatically until confirmed by the Syariah Court.
Allah states that believing women are not lawful for disbelieving men (al-Mumtahanah 60:10). Act 303 s.46(1) says that one party's renunciation of Islam does not by itself dissolve the marriage until confirmed by the court. The wife should file an application at the Syariah Court; meanwhile, avoid marital relations. Related issues such as child custody, maintenance and inheritance should be handled with a lawyer's advice. If the husband wishes to return to Islam, ask the religious office about the process and the status of the marriage. This is an emotionally heavy situation; seek support from family and a counsellor. See Interfaith matters.

Sources

Surah al-Mumtahanah 60:10Act 303, s.46Surah al-Baqarah 2:221
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This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

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