Short answer
In the Hanafi school, if the husband leaves Islam the nikah ends at once, without talaq, and if he returns they need a new nikah. If the wife leaves Islam, later Hanafi scholars of the subcontinent ruled that the marriage does not end, so that leaving Islam cannot be used to escape a marriage. This is serious and personal: speak to a mufti before acting.
Apostasy (riddah) of either spouse is in principle an immediate dissolution (faskh) of the marriage, not a talaq. For the wife's apostasy, the later Hanafi fatwa adopted by Mawlana Ashraf Ali Thanawi is that the nikah remains, to stop apostasy being used as a way out. After a husband's apostasy, if he returns to Islam, they may only reunite with a new nikah and mahr.
Other madhhabs
- Shafi'i
- If apostasy happens after consummation, the marriage is suspended until the end of the iddah; if the person returns to Islam within it, the marriage continues without a new nikah.
- Hanbali
- The same as the Shafi'i view in the relied-upon position: after consummation the marriage waits on the iddah.
Explanation
A Muslim woman may not be married to a man outside Islam, and Allah says of believing women and disbelieving men: "they are not lawful wives for them, nor are they lawful husbands for them" (60:10). So when a husband leaves Islam, the marriage cannot continue. The schools differ on timing: the Hanafis end it at once, the Shafi'is and Hanbalis wait for the iddah.
Doubts are not apostasy. Many people go through questions, sadness or weak faith. That alone does not end a marriage. Apostasy is clearly rejecting Islam, or saying or doing something that scholars agree takes a person out of it. Do not label your spouse a disbeliever on your own judgement. Speak to a scholar.
Practical points:
- If your husband has clearly left Islam, do not live as husband and wife until you have spoken to a mufti.
- Mahr: if the marriage was consummated, the full mahr is still owed to her.
- Children stay Muslim, and their care and support continue to matter. See custody.
- Keep making dua and keep good character. Many people return to Islam, and harshness rarely helps.
The opposite case, when someone becomes Muslim and their spouse does not, is covered in converting while married.
Ask a mufti about your own case. This answer explains the general ruling. When the details of your situation matter, as they do here, ask a qualified mufti and give them the full facts. Where to ask a scholar.
The evidence
Quran, Surah Al-Mumtahana 60:10
يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوٓا۟ إِذَا جَآءَكُمُ ٱلْمُؤْمِنَٰتُ مُهَٰجِرَٰتٍۢ فَٱمْتَحِنُوهُنَّ ۖ ٱللَّهُ أَعْلَمُ بِإِيمَٰنِهِنَّ ۖ فَإِنْ عَلِمْتُمُوهُنَّ مُؤْمِنَٰتٍۢ فَلَا تَرْجِعُوهُنَّ إِلَى ٱلْكُفَّارِ ۖ لَا هُنَّ حِلٌّۭ لَّهُمْ وَلَا هُمْ يَحِلُّونَ لَهُنَّ ۖ وَءَاتُوهُم مَّآ أَنفَقُوا۟ ۚ وَلَا جُنَاحَ عَلَيْكُمْ أَن تَنكِحُوهُنَّ إِذَآ ءَاتَيْتُمُوهُنَّ أُجُورَهُنَّ ۚ وَلَا تُمْسِكُوا۟ بِعِصَمِ ٱلْكَوَافِرِ وَسْـَٔلُوا۟ مَآ أَنفَقْتُمْ وَلْيَسْـَٔلُوا۟ مَآ أَنفَقُوا۟ ۚ ذَٰلِكُمْ حُكْمُ ٱللَّهِ ۖ يَحْكُمُ بَيْنَكُمْ ۚ وَٱللَّهُ عَلِيمٌ حَكِيمٌۭ ﴿١٠﴾
O you who have believed, when the believing women come to you as emigrants, examine them. Allah is most knowing as to their faith. And if you know them to be believers, then do not return them to the disbelievers; they are not lawful [wives] for them, nor are they lawful [husbands] for them. But give the disbelievers what they have spent. And there is no blame upon you if you marry them when you have given them their due compensation. And hold not to marriage bonds with disbelieving women, but ask for what you have spent and let them ask for what they have spent. That is the judgement of Allah; He judges between you. And Allah is Knowing and Wise.
A Muslim and a disbeliever cannot remain married.
Quran, Surah Al-Baqara 2:221
وَلَا تَنكِحُوا۟ ٱلْمُشْرِكَٰتِ حَتَّىٰ يُؤْمِنَّ ۚ وَلَأَمَةٌۭ مُّؤْمِنَةٌ خَيْرٌۭ مِّن مُّشْرِكَةٍۢ وَلَوْ أَعْجَبَتْكُمْ ۗ وَلَا تُنكِحُوا۟ ٱلْمُشْرِكِينَ حَتَّىٰ يُؤْمِنُوا۟ ۚ وَلَعَبْدٌۭ مُّؤْمِنٌ خَيْرٌۭ مِّن مُّشْرِكٍۢ وَلَوْ أَعْجَبَكُمْ ۗ أُو۟لَٰٓئِكَ يَدْعُونَ إِلَى ٱلنَّارِ ۖ وَٱللَّهُ يَدْعُوٓا۟ إِلَى ٱلْجَنَّةِ وَٱلْمَغْفِرَةِ بِإِذْنِهِۦ ۖ وَيُبَيِّنُ ءَايَٰتِهِۦ لِلنَّاسِ لَعَلَّهُمْ يَتَذَكَّرُونَ ﴿٢٢١﴾
And do not marry polytheistic women until they believe. And a believing slave woman is better than a polytheist, even though she might please you. And do not marry polytheistic men [to your women] until they believe. And a believing slave is better than a polytheist, even though he might please you. Those invite [you] to the Fire, but Allah invites to Paradise and to forgiveness, by His permission. And He makes clear His verses to the people that perhaps they may remember.
Faith is required for a Muslim woman's husband.
Where the ruling is recorded
- al-Hidaya, Kitab al-Nikah, Bab Nikah Ahl al-Shirk, on the apostasy of a spouse. Apostasy of either spouse ends the marriage at once, as a faskh.
- al-Hilah al-Najizah (Ashraf Ali Thanawi), section on the apostasy of the wife. The later fatwa that the wife's apostasy does not end the nikah.
- al-Mughni (Ibn Qudama), Kitab al-Nikah, on apostasy of a spouse. The view that after consummation the marriage waits on the iddah.
Checked by our team. For a more accurate answer to your own situation, consult a scholar. Quran translation by Sahih International. Hadith Arabic from the standard editions of the six books and the Muwatta, with gradings as recorded there; the English is our own rendering. Spotted a mistake? Tell us.