What is the ruling on Ila' if either spouse commits apostasy (Riddah)?

General Chapter

Al-Mughni

Book of the Oath of Abstention (Ila')

Book 41 · Issue 5 · Bab 1

Open in Qurani

Primary text

If a husband vows Ila' while in a state of apostasy, the waiting period is not counted until both parties return to Islam. If apostasy occurs during the waiting period, the period is interrupted because the marriage contract is dissolved, prohibiting intercourse. Upon their return to Islam, the waiting period must be restarted, whether the apostasy occurred from him, her, or both.

Supporting text

The same ruling applies if one of the two disbelieving spouses converts to Islam, or if the husband divorces her (Khul') and then remarries her.