The Husband Became an Apostate

Question

Question: A woman named Nagina, aged ten, was married (nikah) to a man named Idris, aged fourteen; three years have passed since then. After the nikah she was sent off to her husband’s home and stayed one night in her husband’s house. Two to four days later the boy ran away, went off and changed his religion — he became a Hindu. When the girl’s family learned of this, they went to him and said: “Your wife is at home and you have changed your religion; come home.” But he refused to come.

Answer

If it is established that he changed his belief and became a Hindu, then by his becoming a Hindu his nikah was annulled (faskh) of itself without a talaq. Therefore, after she completes her ‘idda, her nikah elsewhere is permissible. The ‘idda is counted from the time the boy became a Hindu; its length is three menstrual periods (hayd)

Source: Fatawa Mahmudiyya

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