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What Happen When One of the Spouses Renounces Islam?

If you are wondering what happens when one of the spouse’s renounces Islam, then let us guide you: most of the Islamic scholars are of the view that the marriage gets dissolved automatically. On the grounds of apostasy, the marriage gets dissolved religiously. There is a difference between religion and the law. The law and the religion may be different in this case. For example, if a married male in Pakistan leaves the religion of Islam, then religiously the marriage will be dissolved, but legally the wife has to obtain the khula in Pakistan. The legal requirements are important for the proof. A wife cannot marry someone else only on the allegation that the husband has committed apostasy.

Legal Proof:

There should be legal proof of apostasy so that the other half may move on. A wife cannot marry someone else while being married only on the ground that the husband has changed his religion. For example, a wife in Pakistan cannot marry another person on the allegation that she thinks her husband has given up the religion, so she married someone else. To marry someone else, she has to file the khula case in the court on the grounds of apostasy, and when the khula decree is granted, she will have to apply for a divorce certificate from Pakistan. This certificate will be proof that she is divorced. Only then can she marry someone else.

Legal Requirement:

The registration of marriages and divorces is a legal requirement and not a religious requirement. When a spouse changes their religion, the marriage automatically gets dissolved, but it does not get dissolved legally. Every country has its own law for the registration of marriages and divorces. You should also follow the law of the country where you want to get your marriage and divorce registered. For example, a female cannot have the services of a court marriage in Pakistan, assuming that she is automatically divorced only for the reason that she thinks that her husband has changed his religion. She needs to attach the divorce certificate if she needs the services of a nikah in Pakistan, as it is a legal requirement.

Religion of Islam:

If the wife leaves the religion of Islam and adopts any other religion, still, religiously, the marriage is dissolved, but legally, he will need the divorce certificate from the government. He can get the divorce certificate from the government when he processes the legal procedure of divorce in Pakistan. He can give talaq in Pakistan on the ground that the wife changed her religion. In Pakistan, a man can divorce his wife even without any reason; however, if he wants to mention this ground that the wife changed her religion, he can. The effect of apostasy can be religious and legal, also. A person who needs a divorce on this ground should process his or her divorce according to the law of the country where he or she resides. If you still want to know what happens when one of the spouses renounces Islam, you may contact our law firm in Pakistan.