Marriage of an Apostate Woman

Question

A woman named Ghafura apostatised and became a Christian, and for a long time she stayed in a Christian mission; with the utmost difficulty she was brought out of there, and then, after she was made a Muslim again, she was married to a man named Abdullah, the son of her stepfather’s brother. The following questions concern this woman. (1) Did Ghafura’s nikah with her former husband remain intact during her apostasy or not? (2) If the former nikah was annulled by her apostasy, then the second contract (‘aqd)

Answer

(1) In the situation asked about, it is not permissible for this woman to marry anyone other than her former husband; rather, if the first husband wishes to keep her in his marriage, then according to the Shari‘a the woman will be compelled to renew the first nikah with the first husband: [ar]وَلَيْسَ لِلْمُرْتَدَّةِ التَّزَوُّجُ بِغَيْرِ زَوْجِهَا، وَبِهِ يُفْتَى[/ar] “The…

Source: Fatawa Mahmudiyya

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