Fatwa: # 15195
Category: Divorce (Talaaq)
Country: Maldives
Date: 13th May 2007

Title

If a wife makes love with another man, will she be divorced automatically?

Question

If a wife makes love with another man, will she be divorced automatically? or will divorce happen automatically?

my wife asking me to divorce from last three months, she said she dont love me anymore and want marry my brother? do i have to divorce her or what?

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

  1. According to Shariah, if a wife commits Zina (adultery), her Nikah with her husband does not automatically terminate. The Nikah will terminate only if the husband issues her a Talaaq (divorce). It is important that the husband enquires from the wife whether she committed adultery or not. To harbour unfounded suspicion is Haraam and a sin. Furthermore, this unfounded suspicion may lead to more serious complications in the future.
  2. This is the ill effect of not observing Hijaab (purdah) in your home. Rasulullah (صلى الله عليه وسلم) was asked ‘Is it necessary for the sister in law to observe Hijaab from the brother in law (husband’s brother). Rasulullah (صلى الله عليه وسلم) replied the brother in law is death”. In other words if Hijaab is not observed between sister in law and brother in law, this will soon lead to the death of the marriage and perhaps the home. You are responsible for the situation you are in. If you as the husband conducted yourself in proper Shar’ie manner and encouraged your family to do so, you would not find yourself in this mess. You should be ashamed of your actions and make Tawbah to Allah. You must sincerely repent for your mistake, surely Allah will forgive you. You may consult with your seniors and take their guidance on the way forward.

And Allah knows best 

 

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa

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