What is the ruling on the marriage and inheritance if both spouses apostatize simultaneously?

Chapter on Distant Kindred (Dhawu al-Arham)

Al-Mughni

Book of Inheritance Shares (Farā'id)

Book 32 · Issue 3 · Bab 5

Open in Qurani

Primary text

The ruling for the simultaneous apostasy of both spouses is the same as for the apostasy of one: the marriage is dissolved, and inheritance between them is prohibited. The jurists of Iraq contend that if both apostatize together, the marriage remains valid because their religion has not changed relative to each other, making them like original unbelievers. However, they do not inherit from each other while residing in the Abode of Islam. If they relocate to the Abode of War, they inherit from each other because their ruling then equates to that of the inhabitants of the Abode of War. The supporting evidence for the primary position is that they do not inherit from each other in the Abode of War, just as a Muslim does not inherit from a non-Muslim.