If someone becomes an apostate and issues three divorces, will his wife become irrevocably divorced or not?
If someone becomes an apostate and issues three divorces, will his wife become irrevocably divorced or not?
Question: A scholar issued a fatwa stating that anyone who believes in the following:
It is permissible to seek supplications through the intercession of saints, or The Prophet Muhammad (ﷺ) was granted knowledge of 'what was and what will be' (ما کان وما یکون). It is permissible to call out “Ya Rasul Allah or Kissing the graves of saints is permissible, or Vows and offerings made in the name of saints are permissible.
Such a person’s marriage is invalid, and they are not a Muslim but a polytheist.
Therefore, if such a person issues three divorces to his wife, the divorces will not take effect because, due to these beliefs, he is not considered a Muslim. Women who have been issued three divorces by such individuals are being made to repent for these beliefs and are simply remarrying through the renewal of the marriage contract, bypassing halala. What is the ruling according to Shariah?
Answer: This person is misguided and a misguider; it is impermissible to seek fatwas from them. If someone becomes an apostate, their marriage is nullified, and their wife becomes irrevocably separated. The practice adopted by these women is completely incorrect, and they are not permitted to marry elsewhere. If the husband issued three divorces, merely renewing the marriage contract (tajdid-e-nikah) is insufficient without undergoing proper halala.
(Jamia-ul-Fatawa, Volume: 10, Page: 57)