Does the Nikah End Because of Acts of Unbelief?

Question

Question: Zayd’s nikah with Hinda took place a year ago, but for eight or nine months Zayd has been living with non-Muslim women and also commits zina with them; he eats food cooked by their hands, also drinks wine, eats jhatka meat (killing an animal with a single blow, without ritual slaughter), and also wears clothing like that of non-Muslims. Nor does he perform the pillars of Islam. Hinda is living at her parents’ home. Zayd is not giving Hinda maintenance.

Answer

This conduct of Zayd is un-Islamic; nevertheless he will not yet be declared an apostate (murtadd), though he has certainly come close to apostasy (irtidad). May Allah the Pure ﷻ grant him guidance to the straight path! It is better that the wife obtain a talaq from him in exchange for the mahr. After that, once she has passed the ‘idda of three menstrual periods (hayd)

Source: Fatawa Mahmudiyya

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