Is a revocation valid if one of the spouses is in a state of apostasy (Riddah)?

General Chapter

Al-Mughni

Book of Reconciliation (Return During 'Iddah)

Book 40 · Issue 4 · Bab 1

Open in Qurani

Primary text

If one spouse commits apostasy, Abu Al-Khuttab stated that the revocation is not valid, which aligns with the established position of the Shafi'i school. This is because revocation permits access to a desired private part, which is invalid during apostasy, just as it is invalid in marriage. Moreover, revocation affirms the marriage contract, while apostasy contradicts it, so they cannot coexist.

Supporting text

Al-Qadi stated that if apostasy immediately entails separation, the revocation is invalid because the separation has already occurred. If apostasy does not immediately entail separation, the revocation is suspended. If the apostate returns to Islam during the waiting period (Iddah), the revocation becomes valid, as it is established that it occurred during a valid marriage. Al-Muzani and Abu Hamid chose this view, holding that the same applies if one spouse converts to Islam after the other's apostasy, provided the conversion occurs during the Iddah.