A husband declaring his wife a disbeliever does not affect their marriage
24-3-2010 | IslamWeb
Question:
Assalaamu alaikum, During an argument with her husband, a sister was told by her husband "you don't believe in God", 6 times in broad daylight, in a restaurant where other diners can here... The sister is asking if her marriage is still valid now that her husband has declared takfeer on her? Is there any (islamic legal) implication to our marriage? Jazak Allah khair.
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
Declaring a Muslim as a non-Muslim is one of the most serious matters which a Muslim should refrain from as he should not declare a Muslim as a non-Muslim or judge him/her to be as a disbeliever even if he/she is dissolute and committed grave major sins unless the conditions for declaring him/her as a non-Muslim are met and the impediments for not declaring him/her as such are removed. The saying of the Prophet is enough to clarify the seriousness of this statement as he said: “Any person who labeled anyone with unbelief or called him the enemy of Allaah while he was not so, it will be rebounded on him.” [Muslim] Another narration reads: “Whoever accuses a believer of disbelief, then it is as if he killed him.” [At-Tirmithi]
Therefore, what this husband did is forbidden and he should take the initiative to repent to Allaah and be determined not to do this again.
As regards the marriage, then it is not affected by this statement, because marriage is affected by real apostasy of one of the two spouses. As regards a spouse just declaring the other spouse as a non-Muslim out of one’s desires without evidence, then this does not affect the marriage. For more benefit on the seriousness of declaring someone as a non-Muslim without abiding by the religious conditions about declaring him/her as such, please refer to Fatwa 87963.
Allaah Knows best.