Is the Nikah of Women Annulled by Their Participation in Ta‘ziya?

Question

Question: Women who during Muharram take part in the absurdities (khurafat) performed at the ta‘ziya (a replica of Imam Husayn’s tomb carried in Muharram) — singing, playing music and ritual lamentation — have they gone out of their nikah, and are they not lawful without a second nikah? Shirk in the essence (shirk fi al-dhat), shirk in the attributes (shirk fi al-sifat), shirk in practice (shirk fi al-‘amal) — the perpetrator of which of these three will be a polytheist (mushrik)?

Answer

These acts are sins (ma‘siya) and impermissible, but on their account these women will not be declared apostates and their nikah will not be held to be annulled. The acts by which someone becomes an apostate and leaves Islam are what necessitate the annulment of the nikah; the details are in the books of fiqh: al-Bahr, ‘Alamgiri, Shami and others.

Source: Fatawa Mahmudiyya

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