Fatwa: # 17642
Category: Misc. Fiqh
Country: United Kingdom
Date: 4th March 2009

Title

Unanswered

Question

Dear Respected Muftu / Ulema
 
As-salaam-ualaikum warahmatul-lahi-wabarakathoo...
 
 
Please could you give me some advice on my current situation, from an islamic perspective.
 
I have been married for 2 and half years, living in the UK, which meant sacrificing being with family and friends back in South Africa. Up until now, we have had no trouble in our marriage until a few months ago.
 
After suspecting for quite some time that all was not right in my marriage I found out that my husband has been having an affair.
 
I decided to return to South Africa (back to my parents) hoping that some time away would do us good and make my husband realise his wrong doings and give him time to reflect and rectify the situation. Two weeks later, I then returned back to London without my husband knowledge (with my brother and mother) with the main intention of reconciling and attempting to forgive him of what was done, however I was shocked to find that he had continued his affair in my absence and was now living with this woman in my house (offcoure he was thinking that i was still in SA)
 
I am hurt, angry and disappointed and cannot begin to understand how i will be able to come to terms with this and whether i will ever be able to return to this house. I have temporarily moved out, living with another couple (friends), as I feel lost and do not know what to do?
 
Please could you advise me on my Islamic rights in this situation and also whether this affects my nikah? If I do decide to go back to him, is our nikah still valid? On the other hand if I decide to leave my husband is the talaq automatic due to the affair which he has been having?
 
Respected Mufti, please advise me as to how I should go about making a decision as to whether to go back to my husband or not?
 
Your help and advice will be greatly appreciated.
 
I ask you to remember all of us in your duas
 
Jazakallah khair
 
Sister in Islam

Answer

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