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Fatwa CenterIf the wife commits apostasy, the marriage must cease
Question
assalamualikum. i got marred to cristian.conwerting her to islam.i left her with my childgirl and wen to anather contry to worke i came back after 3 years my wife and my child back to cristian.we had a agument and i dont let her got to the church.stay at home and i am with them now.evry day i ask dua from allah to give them islam.i here in islam the child have to be a muslim if not the sin gosto the father.what shall i do just contenew like this still they acsept islam. wassalam ahamed
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His Slave and Messenger.
If what you mentioned is true that your wife apostated from Islam, then your marriage contract with her became void the minute she deserted her faith. So if she did not re-embrace Islam until her waiting period has expired, then she is not lawful to you and you are obliged to separate from her immediately and it is forbidden for you to have sexual intercourse with her. Having sexual intercourse with her in this case is considered Zina (adultery). For more benefit, please refer to Fatwa 134052.
You are obliged to remind her about the seriousness of apostasy and admonish her in a wise and gentle manner with the hope that Allaah will make this a means for her guidance and her coming back to Islam. For more benefit, please refer to Fatwa 124517.
As for your daughter, if she is young and has not yet reached the age of puberty, then her apostasy does not count according to the view of some scholars, and she is deemed a Muslim after you, as the child follows the parent whose religion is best, as we have already clarified in Fatwa 81957.
Moreover, your wife has no right to custody of your daughter because one condition of custody is to be Muslim as clarified in Fatwa 198609. Therefore, you should exert every effort to take your daughter away from her mother so that she does not affect her.
It should be noted that if your daughter has reached puberty and she chose disbelief, then she is deemed an apostate. In this case, you should endeavor to save her from disbelief and guide her to Islam. If you spare no efforts in doing so, then you will have done what is required of you. Allaah says (what means): {Allaah does not charge a soul except [with that within] its capacity.} [Quran 2:286] Allaah also says (what means): {So fear Allaah as much as you are able.} [Quran 64:16]
Finally, it should be mentioned that marrying a chaste woman from the People of the Book, even if it is permissible in principle, but some scholars disliked it due to the consequences that it may lead to, among which is that the mother affects the children. For more benefit, kindly refer to Fataaw 89418 and 84159.
Allaah Knows best.
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