Her Husband Insults Religion and the Prophet Fatwa No: 471997
- Fatwa Date:12-3-2023 - Sha'baan 20, 1444
Salamu allikum my names nawal I wanted to ask my husband insults the Islam religion and the prophet when we argue or fight or even he abuses Allah am I divorced from him since we were married on Islam if he abuses the religion and insult the prophet is it over since the marriage was based on Islam.when ever hes mad on something he abuses that's hes nature I left him now and wanted to know if he's steel my husband
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad is His slave and Messenger.
Judging that the insults or abuses from your husband whether or not it requires judging him as a disbeliever, in which case you are obliged to separate from him, is a matter of judiciary competence. Or at least, it is necessary to verify what you attribute to him, as what you may consider a slander or an insult that might lead its doer to disbelief (kufr) may not be an insult or an offense.
Matters related to apostasy from Islam or that result in the dissolution of the marriage are serious matters which cannot be decided by a Fatwa online, so we recommend that the matter be referred to the Sharia Court.
What we can say in general terms is that insulting the religion or insulting the Prophet is considered apostasy from the religion of Islam, whether one is serious about it or only joking as mentioned by the scholars, and they reported a consensus about that.
Any woman who hears her husband insulting the religion or the Prophet she must separate from him, and it is not permissible for her to allow him to have sexual intercourse with her.
There is a difference of opinion among the jurists on whether the separation occurs with apostasy immediately or depends on the end of the waiting period. The second opinion is the most correct. Hence, if the husband repents and returns to Islam during the waiting period, then the previous marriage is still valid. On the other hand, if he does not repent until the waiting period ends, then the separation between them has occurred from the moment the apostasy occurred.
Allah knows best.
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