Marriage: What if convert wife reverts to disbelief?

If a man gets married to a converted woman, and she refuse to accept Islam afterwards (and starts living as she did before entering Islam, and say that I'm no longer a Muslim) is their nikah still valid?

Walaikum assalam wa rahmatullah,

If either spouse leaves Islam, the marriage is automatically annulled.

Why?

The basis is that a Muslim should only marry a Muslim. This is because the most precious thing a believer possesses is their belief and religious commitment. No one affects one’s beliefs and way in life as much as one’s spouse does. And Allah has commanded us,

“O you who believe! Ward off from yourselves and your families a Fire where the fuel is humans and stones, over which are set angels strong, severe, who resist not Allah in that which He commands them, but do that which they are commanded.” [Qur’an, 66.6]

Another problem—pointed to by the verse—is one’s children: we are responsible for raising believing children. This is difficult to ensure when one marries a non-Muslim woman.

As for a Muslim woman, her ‘marriage’ to a non-Muslim man would be both sinful and invalid, by clear Qur’anic texts. [Kasani, Bada’i` al-Sana’i`; Ibn Abidin, Radd al-Muhtar]

Marriage to a non-Muslim woman is only valid if she is of the People of the Book. [For the conditions related to this, please go to www.SunniPath.com, and search for ‘marriage people of the book’] It is to be noted that such a marriage, though valid, is prohibitively disliked (and sinful) in normal circumstances. [Kasani, Bada’i` al-Sana’i`; Ibn al-Humam, Fath al-Qadir; Ibn Abidin, Radd al-Muhtar]

Marriage to an apostate (someone who leave Islam) is invalid. If one’s spouse (whether husband or wife) leaves Islam, the marriage is annulled—the two individuals cease to be husband and wife. [Kasani, Bada’i` al-Sana’i`; Ibn Abidin, Radd al-Muhtar]

In such cases, if the spouse returns to Islam a new marriage is needed (with all its conditions and requirements) for the two to become husband and wife again. [ibid.]

As for how to deal with a sensitive situation (such as when children are involved, or when the spouses actions seem to be temporary folly), one should consult a reliable scholar of knowledge and wisdom.

And Allah alone gives success.

Wassalam,

Faraz Rabbani