Does apostasy (irtidad) nullify the marital status of a married person (muhsan)?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
If a married Muslim apostatizes, their status of being 'muhsan' (a married person eligible for the prescribed punishment for adultery) remains valid. If this person subsequently returns to Islam, they retain the status of being 'muhsan'. This is supported by the general meaning of the Prophet's saying concerning those who commit adultery after being married: "or commits adultery after being married" (aw zina ba'da ihsan). Since the apostate commits adultery after having been married, their prescribed punishment is stoning, just as it is for one who did not apostatize.
Supporting text
Abu Hanifa, may Allah have mercy upon him, holds that apostasy nullifies the status of being 'muhsan' because he considers Islam a prerequisite for 'ihsan'. Another scholarly opinion suggests that if a Dhimmi (protected non-Muslim) breaks the covenant, joins the Abode of War (Dar al-Harb), is captured and enslaved, and is then manumitted, their prior 'ihsan' might be nullified because their status was voided by enslavement, which does not return except through a new cause, unlike the case of one who apostatizes.