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If husband becomes SHIA, can wife be granted Faskh?

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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