What is the ruling regarding the dissolution of marriage when both spouses commit apostasy (riddah)?
Chapter on Marriage of Polytheists
Al-Mughni
Book of Marriage
Primary text
If both the husband and wife commit apostasy together, the ruling follows that of one spouse committing apostasy. If the apostasy occurred before consummation (dukhul), the dissolution of marriage is immediate. If it occurred after consummation, there are two narrations regarding whether the dissolution is immediate or contingent upon the completion of the waiting period ('iddah). This view is attributed to Al-Shafi'i. Ahmad, in one narration, stated that if both apostatize, or if one apostatizes, and then both repent, or the one repents, he retains the right to his wife provided the 'iddah has not expired. The basis for this ruling is that apostasy is an event occurring subsequent to the marriage contract, necessitating its dissolution, analogous to the case where only one spouse apostatizes. Furthermore, everything that is invalidated by the apostasy of one spouse is invalidated even if another person apostatizes alongside them, such as property rights.
Supporting text
Abu Hanifa ruled that the marriage contract is not nullified by estoppel (istihsan) because the religion has not differed between them, which is analogous to the case where both embrace Islam again. The counterargument to this is that if a Muslim man and a Jewish woman convert to Christianity, their marriage is nullified, despite both moving to a single religion, unlike the case of accepting Islam where they return to the religion of truth and confirmation.