The gist of this is that if one of the two spouses apostatizes before consummation, the marriage is annulled, according to the opinion of the generality of the scholars, except that it has been narrated from Dawud that it is not annulled by apostasy because the default state is the continuity of the marriage. Our evidence is the saying of Allah the Exalted: "And do not hold onto the ties of disbelieving women" (60:10). And His saying: "Do not return them to the disbelievers; they are not lawful for them, nor are they lawful for them" (60:10). And because it is a difference of religion that prevents the permissibility of intercourse, so it necessitates the annulment of the marriage, just as if she were to embrace Islam while married to a disbeliever. Then, it is examined: if the woman is the one who apostatized, there is no dowry for her, because the annulment is on her part; but if the man is the one who apostatized, he is liable for half the dowry, because the annulment is on his part, so it is similar to if he had divorced. If the dowry had not been specified (or was specified incorrectly), he is liable for half [the dowry of a peer].

1174 - Issue: He said: (And if her apostasy is after consummation, she has no maintenance. And if she does not embrace Islam until her waiting period has expired, her marriage is annulled. Even if he were the one who apostatized [after consummation], and he did not return to Islam until her waiting period had expired, the marriage is annulled from the time the two religions differed.)

The report from Ahmad varies regarding when one of the spouses apostatizes after consummation, just as it varies regarding when one of the two disbelieving spouses embraces Islam. In one of them, the separation is immediate, which is the opinion of Abu Hanifah, Malik, and this is narrated from al-Hasan, 'Umar ibn 'Abd al-'Aziz, al-Thawri, Zufar, Abu Thawr, and Ibn al-Mundhir; because that which necessitates the annulment of the marriage is the same whether it occurs before or after consummation, like suckling. The second is that it is suspended until the expiration of the waiting period; if the apostate embraces Islam before its expiration, they remain in the marriage, and if he does not embrace Islam until it has expired, she is separated from the time the two religions differed. This is the school of al-Shafi'i; because it is a word by which separation occurs, so if it is found after consummation, it is permissible that it be suspended until the expiration of the waiting period, like a revocable divorce, or a difference of religion after intercourse, so it does not necessitate its annulment immediately, like a woman from the Abode of War (Harbiyyah) embracing Islam while married to an enemy combatant (Harbi), and drawing an analogy to the conversion of one of the spouses is closer than drawing an analogy to suckling.