Muslim woman’s marriage to a disbeliever | Shaykh ibn Baaz

A man married a Muslim woman then it became apparent that the man was a kaafir (disbeliever). What is the ruling on that?

A: If it is proven that the man mentioned was a kaafir at the time of the marriage contract and the woman was Muslim, then the marriage contract is invalid because it is not permissible, according to the consensus of the Muslims, for a kaafir to marry a Muslim woman, because Allah, may He be glorified, says:

وَلَا تُنْكِحُوا الْمُشْرِكِينَ حَتَّى يُؤْمِنُوا

And give not (your daughters) in marriage to Al-Mushrikun till they believe (in Allah Alone)

[Surah al-Baqarah 2:221]

and He says, Exalted be He,

فَإِنْ عَلِمْتُمُوهُنَّ مُؤْمِنَاتٍ فَلَا تَرْجِعُوهُنَّ إِلَى الْكُفَّارِ لَا هُنَّ حِلٌّ لَهُمْ وَلَا هُمْ يَحِلُّونَ لَهُنَّ

Then if you ascertain that they are true believers, send them not back to the disbelievers, they are not lawful (wives) for the disbelievers nor are the disbelievers lawful (husbands) for them

[Surah al-Mumtahanah 60:10]

Fataawa Islamiyyah, 3/230