The effect of apostasy on marriage and determining of the rights of custody of children’s between spouses (A comparative study between Islamic jurisprudence and Pakistani law)

اثر الارتداد على عقد النكاح وتعيين حق حضانة الأولاد بين الزوجين (دراسة مقارنة بين الفقه الاسلامي والقانون الباكستاني)

Abstract

Marriage is one of the blessings of God Almighty Through nikah, tranquility and comfort is achieved for each of the spouses, which makes each of them reassuring to his partner, reassuring to him, and to that affection and affection with which human happiness is complete. And the achievement of those many benefits that were mentioned before is completely dependent on compliance with the provisions of Sharia, including the availability of competence in religion between the spouses, and this is the basis for conducting the Shariah  ruling.

But we find after marriage that one of the spouses deviates from the religion of Islam, which is due to many legal rulings in their marriage contract and custody of the children.

What goes back to the same apostate, and some of it goes back to the possession of the apostate, and some of it goes back to his son, and some of it goes back to the apostate’s actions, as Al-Kasani - may God have mercy on him – said ".What is meant there is them that is due to married life. It is the provisions that result in the marriage contract after the apostasy from the point of view of legitimacy and legality. And for whom is the right of custody of the children established after the dissolution of the marriage? There are several forms in the widespread phenomena, including either the man is married and then apostates, or the woman apostates without her husband, or he is married  and he and His wife together we will explain,  these provisions in detail.