Does sexual intercourse with an apostate woman resolve the impediment to her remarriage to her former Muslim husband?
General Chapter
Al-Mughni
Book of Reconciliation (Return During 'Iddah)
Primary text
Intercourse with an apostate woman does not resolve the impediment to her remarriage to her former husband. This holds true whether the intercourse occurs while both are apostates, while only she is an apostate, or if the apostate man has intercourse with the Muslim woman. If the apostate husband does not return to Islam, the intercourse is deemed to have occurred outside of a valid marriage. If he returns to Islam during the waiting period ('iddah), the intercourse occurred within a marriage that lacked completeness because the cause of separation (apostasy) was present.