Ruling on nikah with an apostate and his slaughter
Ruling on nikah with an apostate and his slaughter
It is mention in the hidaya that there are certain categories to deal with an apostate:
First is unanimously valid that is seizure of property or divorce from an apostate, other is unanimously invalid that is nikah or slaughtering, as both nikah and slaughtering depends upon adhering to the religion and an Apostate do not adhere to a religion.
It is mentioned in the Dar-e-Mukhtar that marriage of an apostate is invalid to any humankind, neither with A Muslim, a disbeliever and nor even to an apostate itself
It is mentioned in the fatawa Alim Giri that the marriage of an Apostate is invalid, an apostate can't Marry A Muslim women, or an apostate women, Non Muslim Woman, a free Woman or a slave Woman .
In Sharh Al Muhazzab, It is mentioned that the marriage of an Apostate male or female is invalid, as the purpose of nikah is to attain the Benefits associated with it, as there life is to surrender and their execution is must, so the Mutual rejoice wouldn't be attained.
The more appropriate to the situation would be to declare the nikah invalid before the departure of bride so that on such basis the nikah will not be held.
In Al-Ma'ani Ma'a Al-Sharh Al-Kabir (المعنی مع الشرح الکبیر), it is stated that: Nikah with an apostate woman is prohibited, regardless of the religion she has adopted, because the ruling of the people of the religion she has converted to is not established for her. Therefore, even if she is maintained on this religion, the ruling of the permissibility of nikah with her is not established in the first place.
(Fatawa Khatm-e-Nubuwwat, Volume: 1, Page: 571).