If one spouse apostatizes after consummation without divorce, and the apostate spouse returns to Islam before the end of the waiting period, does the other spouse inherit?
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
If one of the spouses apostatizes after consummation but without divorce, and the apostate returns to Islam before the waiting period concludes, the other spouse inherits from him or her because the marriage remains valid. If the waiting period concludes before the apostate returns to Islam, the marriage is dissolved, and neither spouse inherits from the other.
Supporting text
If the legal opinion is that separation occurs immediately upon the difference in religion, then neither spouse inherits. A derivative opinion suggests that inheritance occurs if the apostasy happens during the husband's fatal illness because this results in definitive separation, resembling divorce. This derivative opinion is attributed to Malik.