Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

As-Salaam-Aleikum,
This is the third time i am writing to you. Please answer my question, depending on your answer i have to take a call about my marriage.

I am married to a non muslim (hindu) who was a muslim at the time of our marriage and he had declared Apostate. He has also changed his name to a muslim name in the passport (identity). He had promised me that he will try and follow Islam and learn about Islam. Now, he denies that and he has reverted back to his own (old) religion and does not follow Islam. As the matter of fact, I know that I cannot force anything on him as Islam is not by force it should come by his heart.

My question now is, Is he still my husband since he is not following? Is this marriage of mine valid in eyes of Allah and the shariah? What do I do? I am under pressure from my parents to take a decision in the sight of Islam. I would like you to advice me in the islamic point of view to my situation. Please I beg of you, to write me back.

May allah guide you reward for your great work.

Allah hafiz,

Your sister in islam. 

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

Answer:

Husband Apostate

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

The only thing that is required for one to legally convert to Islam is to declare the ‘shahaadah’ or testification of faith that there is no god but Allah and Mohamed (saws) is Allah’s Last Messenger. Any who declares this testification, regardless of whatever his real intentions or motives might be in his heart, he will be regarded as a legal muslim in the sight of Islamic Law and the believers, and all the rights that are due to a believer will be accorded to him in full.

Many a times it happens that when a non-muslim (male or female) desires or wishes to marry a believer, he/she simply declares the ‘shahaadah’ or testification of faith verbally and thus makes himself legal to marry a believer in the Sight of Islamic Law and the believers. It is the duty of the believers who marry and their guardians to satisfy themselves thoroughly whether or not the person who declared the testification has indeed believed, before they agree to their proposal. At times it also happens that the believers who wish to marry non-muslims themselves conspire with the non-muslims to simply declare the ‘shahaadah’ to make their marriage legal, knowing fully well that they do not believe or in the hope that maybe they would accept Islam as their way of life after marriage; thus making a mockery of the Laws of Allah Subhanah.

Your Question: Is he still my husband since he is not following? Is this marriage of mine valid in eyes of Allah and the shariah?

Beloved Sister in Islam, since the person who married you declared the ‘shahaadah’, regardless of whatever his real intentions and motives were in his heart, the marriage will be considered absolutely legal and valid in the Sight of Islamic Law and the believers; for none knows the intentions of one’s heart except Allah Subhanah Alone.

If your husband after declaring the ‘shahaadah’ is not fulfilling even the obligatory requirements of the deen, you should strive with patience and wisdom to remind him of his covenant and try to the best of your ability with humility, patience, and wisdom and remind him to fear Allah and His Accounting. As long as there is any hope or inclination that the person would at some stage follow at least the obligatory requirements of the deen, one must keep on trying with patience and wisdom, even if it takes a whole lifetime!

But if your husband has categorically and verbally declared that he no longer wishes to remain a muslim, at his declaration he will immediately be considered an ‘apostate’ and all the laws that apply to an apostate would apply to him.

As his declaration of his apostasy, his marriage with a believer will immediately become null and void in the Sight of Allah, Islamic Law, and the believers.

Your Question: What do I do?

If your husband has himself, without any coercion or force and of his own free will, verbally declared apostasy then your marriage with him would be null and void and you no longer remain his legally wedded wife in the Sight of Allah Subhanah and Islamic Law. You should immediately separate from him and observe the ‘iddah’ period of divorce as prescribed by Shariah, and for legal reason immediately start divorce proceedings against him in a court of law.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

Your brother and well wisher in Islam,

Burhan