The Judgment When one of the Spouses Curses God and His Messenger and its impact on Marital Life

Abstract

Insulting religion, Islam, the Qur’an and the Messenger is an apostasy from Islam. It
is disbelief after faith. If the husband committed this crime, the husband should
divorce his wife. It is not a divorce but rather it separates them without divorce
because she is a Muslim and he is an infidel. She is forbidden to him until he repents,
and if he repents while she is in the waiting period, she returns to him without needing
anything.If he repents and turns to God, she returns to him. But if she went out of the
waiting period and he was in his condition and he did not repent, then she would
marry whomever she wants because this crime would be tantamount to divorce. God
has forbidden a Muslim woman to an unbeliever. Apostasy results in the non-survival
of the marriage, so one of them is forbidden to the other, and they are forcibly
separated, and any of the Muslims may raises a lawsuit in the name of the general
legal right.
If apostasy is proven in front of the judge, he must offer to the apostate repentance
first, and work to remove the suspicion that led to the apostasy. If he / she does not
return to Islam, a difference between the two spouses and the division is due to the
wife’s apostasy. If the apostasy was before the real marriage, then it is not a dowry for
her, but if it was after the real marriage, then she has the full dowry. The apostate
does not inherit nor bequeathed in Islam, and it is not permissible for a man after the
annulment of his marriage to his wife to have intercourse with her except with a new
contract and dowry and with her consent. If it is proven that one of the spouses has
apostatized, it is necessary to separate them, and one of them becomes forbidden for
the other.