A Woman’s Apostasy Does Not Annul the Nikah

Question

Question: A woman is not willing to live with her husband; rather, she wants to go to her close friend, with whom she has been friends since before the marriage, and the husband will not give a talaq either. So a man told her this way of getting free: let her declare apostasy (irtidad), and the nikah will break of itself; then she can marry (nikah) the friend. Accordingly, this woman declared apostasy. Can a nikah with the friend take place in this way or not?

Answer

In this case permission for a nikah with the friend will by no means be given: the former nikah remains intact as before. (According to the preferred position) no separation has occurred through the apostasy, and she will have to remain with the first husband. And the man who pointed out the way of getting free by means of apostasy has himself become an apostate (murtadd)

Source: Fatawa Mahmudiyya

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