What is the ruling on marital relations if one spouse apostatizes?

Chapter on Marriage of Polytheists

Al-Mughni

Book of Marriage

Book 35 · Issue 1 · Bab 3

Open in Qurani

Primary text

If one of the spouses apostatizes, or both apostatize, sexual intercourse (wat'ah) between them is prohibited. If intercourse occurs during the waiting period ('iddah), and the separation is deemed immediate, the husband owes the wife the *mahr al-mithl* (dower equivalent to her peers) for that specific act of intercourse, in addition to any dower established by the marriage contract, because he effectively copulated with a non-related woman (*ajnabiyyah*).