Fatwa #713211 November 2002South Africa
If a husband has become a shia during the marriage, is that sufficient grounds for the wife to be granted a faskh?
Answer
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 Faasiq (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 Muhammad Kadwa
FATWA DEPT.
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 Muhammad Kadwa
FATWA DEPT.