Religious clarification on the validity of the marriage agreement in the event of either of the spouses changing their religion

08.01.2022

06.07.1443

Dears,

Assalamu Alaikum Warahmathullaahi Wa Barakaathuhu!

Answer: All Praise is due to Allah alone. May Allah send His peace and blessings upon His final Messenger Muhammed (ﷺ) and upon the Family of Muhammad (ﷺ) and his Companions!

Islam declares that all agreements, e.g. joint ventures, wholesale businesses, retail businesses, renting out, pawning, leasing, loans, etc. are subjected to their terms. In the event of any such terms being violated, the agreement becomes invalid.

Accordingly, Islam views marriage as an agreement made in the name of Allah. In addition to the general terms of an agreement, there are additional terms and conditions related to marriage:

A Muslim woman can be married only to a Muslim man, and vice versa. It is permissible for a Muslim man to marry a Jew or Christian woman who follows the Torah or Injeel, respectively, with certain conditions.[1]

The presence of the groom, bride, Wali and two qualified witnesses is a condition for the validity of a marriage agreement.

After the spouses come into an agreement of marriage, there are certain duties bound upon the husband towards the wife, and vice versa. Moreover, this agreement necessitates that one must express virtues such as love, affection, empathy, joy, and refrain from treachery, being dishonest and cheating. It forms a Mahramiyyath bond between them and appoints the husband to be a fortress for the wife at all times.

This agreement obligates the husband to provide shelter, food and clothing needs to the wife, as cited in the following verse of the Holy Quran:

“Provide to them (the divorced women) residence where you reside according to your means,”  (At-Talaq: 06)

Imam Navavi (Rahimahullah) states:

“It is a compulsory duty upon the husband to provide a residence according to the status of the wife”

Generally, in worldly affairs, if two parties sign an agreement and if either of the parties violates it, or, if those parties that are bound to an agreement made up of global terms violate those terms, such an agreement automatically gets nullified or those bound to it are expelled from it. Similarly, a husband and wife are bound together via a marriage agreement. When either one of them violates the agreement, such an agreement inevitably gets nullified. This is what the religion also instructs.

When the parties bound to an agreement of marriage comply to the above terms and conditions, such an agreement is deemed to be valid. If any of the conditions are not met, such a marriage agreement immediately gets nullified. Changing one’s religion is one such condition. Likewise, when the agreement is violated, the existing duties and responsibilities towards one another will also come to an end.

Accordingly, if a Muslim man and woman join in marriage and one of them changes their religion and violates the agreement prior to consummating the marriage, their marriage agreement gets nullified via the Faskh method. If the person who changed their religion wishes to rejoin in marriage after confession and seeking Tawba, it is necessary to make a fresh marriage agreement.

If either of them changes his/her religion after having consummated the marriage, and thereafter seeks Tawba and reverts to Islam again, within the period of Iddah, they can prolong with the same marriage.

If they seek Tawba and revert back as Muslims after the period of Iddah, it will be necessary to make a fresh marriage agreement.[2]

The following Hadith clarifies this:

Since Zainab (Razhiyallahu Anha), one of the daughters of the Prophet (ﷺ) had embraced Islam, and her husband Abul Aas Bin Rabeeah hadn’t yet embraced Islam, the Prophet (ﷺ) separated both of them, and joined them back after Abul Aas Bin Rabeeah embraced Islam. This has been reported in Tirmidhi, Abu Dawud, Ibnu Majah and Ahmad.

Furthermore, we advise you to keep in mind the laws of the country too.

Allah is the All-Knower!

Ash Sheikh M. L.M Ilyas

Secretary – Fatwa Committee

All Ceylon Jamiyyathul Ulama

Ash Sheikh I.L.M Hashim Soori

Supervisor – Fatwa Division

All Ceylon Jamiyyathul Ulama

Ash Sheikh M. Arkam Nooramith

General Secretary

All Ceylon Jamiyyathul Ulama

Ash Sheikh Mufti M.I.M Rizwe

President

All Ceylon Jamiyyathul Ulama

[1]   قال الإمام الشافعي رحمه الله: ” وإن كانت الآية نزلت في تحريم نساء المسلمين على المشركين من مشركي أهل الأوثان يعني قوله عز وجل: { ولا تنكحوا المشركين حتى يؤمنوا } فالمسلمات محرمات على المشركين منهم بالقرآن بكل حال وعلى مشركي أهل الكتاب لقطع الولاية بين المسلمين والمشركين وما لم يختلف الناس فيما علمته “. [ أحكام القرآن للشافعي ج: 1 ص: 189 ]

[2]  فإن ارتد الزوج بعد الوطء حيل بينه وبين الزوجة، فإن انقضت عدتها قبل أن يرجع الزوج إلى الإسلام انفسخ النكاح، وإن ارتدت المرأة أو ارتدا جميعا أو أحدهما بعد الآخر فهكذا أنظرا أبدا إلى العدة، فإن انقضت قبل أن يصيرا مسلمين فسختها، وإذا أسلما قبل أن تنقضي العدة فهي ثابتة. انتهى”   (الأم للإمام الشافعي – الفسخ بين الزوجين بالكفر ولا يكون إلا بعد)