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Fatwa CenterHer husband is an apostate
Question
We have here man he is married and he say I don't believe by God did his wife will divorce direct or what?
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.
A person who does not believe in Allaah is a non-Muslim and is out of the fold of Islam because believing in Allaah is one of the pillars of faith and a person's belief cannot be valid without it, as it is the greatest pillar of faith and its foundation. So, if this person is a Muslim in principle, he becomes an apostate by not believing in Allaah. Indeed the scholars
agreed [in a consensus] that if one of the spouses apostates, they have to be separated; he should not be in seclusion with her or have sexual intercourse with her or the like, as mentioned in the Islamic jurisprudence encyclopaedia.
If it is the husband who became an apostate, and he apostated before consummating the marriage then the marriage contract becomes void and the bride deserves half the dowry. However, if he became an apostate after consummating the marriage, she deserves a full dowry so she should observe a waiting period before the marriage becomes void. If the waiting period finishes while he still has not embraced Islam, the marriage contract becomes void. Nevertheless, if he embraces Islam before the end of the waiting period, the marriage contract does not become void.
There is a difference of opinion between the scholars on this issue in some branches whether it is a divorce or it is the contract which becomes void. Nonetheless, they all agree that it is not permissible for him to be in seclusion with her or have sexual intercourse with her as he is a non-Muslim. Allaah Says (what means): {…then do not return them to the disbelievers; they are not lawful [wives] for them, nor are they lawful [husbands] for them.}[Quran 60:10]. Allaah further Says (what means): {And give not (your daughters) in marriage to Al-Mushrikeen till they believe (in Allaah Alone).}[Quran 2:221].
To conclude, we advise you to take the matter to a trustworthy Islamic centre in your country to study the matter and inform the wife about what she is Islamicly required to do.
Allaah Knows best.
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