Topic: Blasphemy and marriage contract

[Rahma_Attia]

Can anyone provide an answer to this big question?

I have been told that a woman (or man) who commits blasphemy while married, breaks her (his) marriage contract. What if this happens three times or more during the marriage? Is this considered as if the man divorced his wife three times?

[samsparky]

If a couple is married according to the Shaafi^iyy way and the marriage has been consumated (the first sexual intercourse has happened), if one of them commits apostasy then the marriage contract is said to be breached. If the one who committed apostasy does not return to Islaam within the wife's post-marital waiting period then even if the person returns to Islam after that, to return to being married they need a new mariage contract. If, however, the person who apostatized returns to Islaam within the wife's post-marital waiting period, in this case they would be husband and wife again based on the initial marriage contract.

[JALEEHABIBA49]

AS'SALAMU ALAIKUM, BISMILLAH, BISMILLAH:

THANKS FOR THE INFORMATION ABOUT BLASPHEMY, AND MARRIAGE CONTRACT.
WHICH I ALREADY KNOW. BUT IT IS GOOD TO REFRESH ONES MEMORY, AS MUCH AS POSSIBLE, ABOUT ISLAM.

MAY ALLAH REWARD YOU IN THIS LIFE, AND THE NEXT, ALLAH HAFIZ.

JALIYLAH, JALEEHABIBA49

[samsparky]

wa 3alaikom assalaam

True and you are welcome

aameen and u

[Rahma_Attia]

Baarik'Allah feekum. But what if the blasphemy happened on three separate occasions? What would the judgement on this be?

I have heard that the woman would then be considered as divorced three times, and would have to marry somebody else. She is not allowed to return (remarry) to her first husband.

Does anybody know about this?

[samsparky]

I havn't heard of this.

What I have heard is that if the man commits apostasy and says to the lady "you are divorced" then whether the divorce is counted or not depends on when he returns to Islaam.

Of course he must immediately return to Islam.

Maybe that is the situation you heard....

[Rahma_Attia]

Baarik'Allah feek.

That was not the situation I had in mind because I am thinking about the woman's situation. What if she commits the apostasy? The contract will be broken and she must immediately return to Islam. But what if the woman does this several times during her marriage? Can the contract be broken any number of times in this manner, or is there a limit and details in the religion based on this issue of blasphemy in marriage.

[samsparky]

aameen wa feeki.

To be honest I havn't heard of that before.

[me_against_wahhabis]

Can anyone provide an answer to this big question?

I have been told that a woman (or man) who commits blasphemy while married, breaks her (his) marriage contract. What if this happens three times or more during the marriage? Is this considered as if the man divorced his wife three times?

Bismillahir-Rahmainr-Rahim

Sallallahu ^alayhi wa sallam

Ans: Case#1. "As a reult of apostasy, the apostate invalidates marriage before the marital consummation,"

Explanation:  If two people were married, and before the first sexual intercourse took place between them (meaning here they never had first intercourse after getting married), one of the two committed apostasy, then their marriage contract is invalidated. If they want to join together again in marriage, they need to conduct a new marriage contract after the one who has committed apostasy returns to Islam.


Case #2. "and marriage after the marital consummation if one did not return to Islam within the (wife's) post-marital waiting period (^iddah)."

Explanation: The post-marital waiting period (^iddah) is the period the woman must wait before she is allowed to get married again. The divorced woman’s ^iddah is three (3) non-bleeding intervals. The pregnant woman’s’ waiting period (^iddah) ends when her pregnancy terminates—either by delivery, miscarriage, or otherwise.

After the marriage is consummated, i.e., the first sexual intercourse between two married people has taken place, if one of the two spouses apostatizes, the marriage contract is breached. This means that the two are no longer married. If the apostate does not return to Islam until after the post-marital waiting period has lapsed, then to re-marry, they need to conduct a new marriage contract. However, if the one who apostatized returned to Islam within the ^iddah, they would not need a new marriage contract. They would still be husband and wife based on the first contract.

Note: It doesn't not say it is a divorce if one commits apostasy. I never heard it is a divorce. All I know is that it is not consider a divorce.

[Rahma_Attia]

Baarik'Allah feekum to all contributors.

I have the 'summary' and 'explanation of the summary' and understand the consequences of blasphemy in marriage when the marriage contract was done according to the Shafi'i way.

This marriage I am talking about was conducted according to Hanifa, so blasphemy within marriage results in the two people having to make a new marriage contract.

But I was told there was a limit to how many times the marriage contract could be done between two people. I am trying to find out if this is true and nobody seems to have heard about it before.