Is My Marriage Valid If My Husband Took an Oath to Become a Non-Muslim at Our Nikah?
Shafi'i Fiqh
Answered by Ustadha Shazia Ahmad
Question
A marriage is trapped due to this: Zaid made an oath that in his nikah ceremony, when he declared acceptance, the acceptance means he takes kufr, meaning that Zaid said when he gets married, he will become a kafir. Is this valid, and is the marriage valid?
Answer
Thank you for your question. This type of oath is insensible, frivolous, ungrateful, sinful, and seems to be caused by waswasa (baseless misgivings), and a lesson should be learned from this.
Still Muslim
The husband is still Muslim, not a kafir, and his marriage is valid. He must expiate for his oath, and he must repent for what he said. He should rest easy in regards to his Islam and marriage, but he should intend not to repeat such behavior, and acquire the habit of thinking before speaking.
Follow It Up with a Good Deed
I recommend that you take your five obligatory prayers very seriously, and also acts of charity to make you feel better and to strengthen your faith. Apply this prophetic injunction: The Prophet (Allah bless him and give him peace) said, “Have taqwa (fear) of Allah wherever you may be, and follow up a bad deed with a good deed which will wipe it out, and behave well towards the people.” [Tirmidhi]
Please see these links below:
What Is the Right Expiation for Breaking the Oath?
Does Allah Forgive All Sins, especially Kufr, even if Done Repeatedly?
How to Repent from a Statement of Disbelief?
May Allah give you the best of this world and the next.
[Ustadha] Shazia Ahmad
Checked and Approved by Shaykh Faraz Rabbani
Ustadha Shazia Ahmad lived in Damascus, Syria for two years where she studied aqidah, fiqh, tajweed, tafsir, and Arabic. She then attended the University of Texas at Austin, where she completed her Masters in Arabic. Afterward, she moved to Amman, Jordan where she studied fiqh, Arabic, and other sciences. She later moved back to Mississauga, Canada, where she lives with her family.