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Q:
If a husband has become a SHIA during the marriage, is that
sufficient grounds for the wife to be granted a Faskh?
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A: All Shi’as are not non-Muslims. In the case mentioned, if the husband
adheres to the beliefs of those Shi’as who are still regarded as Muslims, he
becomes a Fasiq (flagrant sinner). Sinning is not a valid reason for the
Faskh (annulment) of the Nikah.
However, if he embraces the beliefs of those Shi’as who are regarded as
non-Muslim, he is also declared a non-Muslim. In such a case, there is no need
for Faskh as the Nikah has automatically terminated by his Kufr.
and Allah Ta'ala Knows Best.
Mufti Ebrahim Desai.
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