Consequence of apostasy before consummation on the marriage contract when both spouses are Muslim.
Chapter on Marriage of Polytheists
Al-Mughni
Book of Marriage
Primary text
When one of the spouses apostatizes before consummation, the marriage contract is dissolved according to the general opinion of scholars. The evidence for this dissolution rests upon the command in the Quran: Quran 22:10, which prohibits maintaining bonds with unbelieving women, and Quran 22:10, stating they are not lawful for them, nor are they lawful for them. This is also because the difference in religion prevents intercourse, necessitating dissolution, similar to a woman embracing Islam while married to a non-believer.
Supporting text
Dawud is reported to hold that apostasy does not dissolve the marriage, as the default ruling is the continuation of the marriage bond. If the wife apostatizes, she receives no dower because the dissolution originates from her. If the husband apostatizes, he owes half the dower because the dissolution originates from him, akin to divorce. If the stipulated dower was invalid, then half of the customary dower is due.