Islamic Ruling on those who are married and consummated then one of them Apostatized

Sharing is Supporting Islam

Islam is an ideology or life’s guidance in general. Professing the Islamic faith must be attained through certainty means; in other words being sincere, that Allah (swt) exists. Achieving conviction is through using signs that convince the mind beyond any doubt. Anyone who will use his/her mind by looking at the universe, human being and life then he/she will realize that behind those three things there is a Creator and is none other than Allah (swt). After comprehending that, it leads him/her to seek the purpose of the creation of the three things. Therefore, he/she is left with no choice but to follow one amongst the human beings who has being selected by the Creator and given revelation/guidance from Allah, in order that he delivers it to his colleagues on how to run their lives in general as per the commands and prohibitions of the Creator. Moreover, is none other than the last Prophet Muhammad (saw).

As per the above description it confirms to us that every Muslim is compulsory to abide by the faith/creed that None is worthy of worshipping except Allah and Muhammad is His messenger. This creed is his/her reference point in solving any problems that he/she faces. Furthermore, it is a criterion in measuring his/her thoughts and actions. In summary it is through this faith/creed that a Muslim run his/her life in general. In other words, he/she measures all his/her actions as per Halal (permissible) or Haram (prohibited) by Allah. Therefore, marriage is one of the permitted actions to Muslims.

Consequently, the Islamic ruling on those who are married and consummated then one of them apostatized. The following will happen:

First, the one who apostatized (Murtad) will be advised three (3) times to repent and return to Islam. If the one who apostatized is a man; then the wife/wives are required to sit eda immediately it is realized that he apostatized. If he will repent and acknowledge the advice then he will make the shahada and become a Muslim. If the eda of the wife/wives has not ended then he can get back his wife/wives and if the eda has ended then he is required to marry them again as per the conditions of marriage. [Imam Shafi and Imam Hanbali]

Second, if he/she refuses to return to Islam after being advised for three (3) times. Then he has lost the right of kinship, to be respected, protected, cared, inheriting or inherited. He/she will be required to be killed. The Prophet (saw) said: “Whoever changes his religion, kill him.” [Sahih Bukhari and Sahih Muslim]. If the execution takes place, then he/she dies a kafir and is not to be washed, shrouded, prayed for and buried in the Muslims’ graveyard.

Third, whoever remains in Islam is given the right to caring and custody of the children. If the one who remains in Islam is a man then he will be given the children and so he is required to take care of the children and raise them and if he lack means then people that inherit him or his brothers should assist him and if they are also not able then an Islamic state of Khilafah (Caliphate) is required to help him from the Bait ul-Mal. Furthermore, if it was a woman who remained in Islam then her guardian (wali) will take the responsibility of taking care of the woman and her children. If the guardian is not able then an Islamic state of Khilafah (Caliphate) is required to help him from the Bait ul-Mal.

Indeed, to realize the above points in fully we have no option than to work for the resumption of an Islamic governance of Khilafah on the method of Prophethood. That is when the Islamic rulings will be executed comprehensively and every issue will be solved as per the Shari’ah (Qur’an and Sunnah). Contrary to that is to live under the invalid secular faith/creed that emanates from the limited mind and its evil capitalist ideology that measures actions based on interests! Ultimately is the spread of sins!

Ali Nassoro Ali

Member of the Media Office of Hizb ut Tahrir in Kenya

Article No.49 Friday, 11 Shawwal 1440 | 2019/06/14