It is not strictness to separate from a spouse who commits kufr
3-2-2015 | IslamWeb
Question:
A salam u alikum i have read your fatwa about to take divorce from a spouse who is bralvi or sufi or shia ist it too strict i know many couples they remain married of different faith even muslim christian etc isnt its too cruel for a woman to take divorce if husband is sufi or bralvi now a day thanks
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, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
The strictness that is dispraised is that which contravenes the texts and judgments of Islam. The matter in this case depends on the judgments of Islam and it does not depend on experience. A non-Muslim man may marry a Muslim woman and live happily with her for a long period of time, but this does not mean that the marriage is valid; rather, it is an invalid marriage. Allaah says (what means): {And do not marry polytheistic women until they believe. And a believing slave woman is better than a polytheist, even though she might please you. And do not marry polytheistic men [to your women] until they believe. And a believing slave is better than a polytheist, even though he might please you. Those invite [you] to the Fire, but Allaah invites to Paradise and to forgiveness, by His permission. And He makes clear His verses to the people that perhaps they may remember.} [Quran 2:221]
It is not permissible for a non-Muslim man to marry a Muslim woman even if he belongs to the People of the Book. It is permissible for a Muslim man to marry a woman who belongs to the People of the Book provided she is chaste. Allaah says (what means): {This day [all] good foods have been made lawful, and the food of those who were given the Scripture is lawful for you and your food is lawful for them. And [lawful in marriage are] chaste women from among the believers and chaste women from among those who were given the Scripture before you, when you have given them their due compensation, desiring chastity, not unlawful sexual intercourse or taking [secret] lovers.} [Quran 5:5]
We do not require women to seek divorce from every innovator; rather, there are details by which someone whose innovation removes him from the fold of Islam is discerned from someone whose innovation does not remove him from Islam. For more benefit, please refer to Fataawa 84792, 86462 and 259726.
In addition to this, we always recommend before separation that the truth be clarified to such a husband, as a Muslim may commit, out of ignorance, an act that takes him out of Islam and when the truth is clarified to him, he repents from it.
For the conditions for declaring someone a non-Muslim, please refer to Fataawa 8106 and 87963.
Allaah Knows best.