Apostasy Does Not Remove the Requirement of Halala

Question

Question: Zayd gave Hinda talaq. After that Hinda began to wish to marry Zayd again, but Zayd refuses. Hinda, under compulsion of circumstance, changed her religion. When Zayd learned of this — does halala now remain obligatory for Hinda or not? At the time of the talaq Hinda had a two-month-old child in her lap; Hinda apostatised three and a half months later. The advice sought is: can Zayd’s nikah with Hinda now take place (without halala) or not?

Answer

Even by this act halala will not lapse. The ‘idda of a divorced woman is three menstrual periods (hayd), and that ‘idda will not lapse either. When three menstrual periods are complete, then she may marry someone else.

Source: Fatawa Mahmudiyya

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