Monday, August 8, 2011

Islam Question and Answer - His wife committed zina twice with a Christian man; should he divorce her? If she apostatises will there be any sin on him?


A man want to divorce his wife after she committed adultery for the second time with a christian man. He had forgive her the first time and now after she had travelled , she had committed adultery for the second time with another christian man but the husband this time want to divorce her because he is an Islamic teacher and he fears for his reputation. But he fears if he divorce this woman she will leave Islam and go back to Christianity and also she does not want to wear hijab but pray and fast . they have grown up children. Please advise The husband does not want to be responsible for the wife leaving Islam.

Praise be to Allaah.


If a woman persists an immoral action and does not repent
from it or give it up, even if the matter did not go as far as zina, such as
if she had a relationship with this Christian man or anyone else, then it is
not permissible for the husband to keep her, because that is a kind of
cuckoldry (diyaathah), and cuckoldry is a major sin, because of the report
narrated by al-Nasaa’i (2562) from ‘Abd-Allah ibn ‘Umar (may Allah be
pleased with him) who said: The Messenger of Allah (blessings and peace of
Allah be upon him) said: “There are three at whom Allah, may He be glorified
and exalted, will not look on the Day of Resurrection: the one who is
defiant towards his parents, the woman who imitates men, and the cuckold.”

Classed as saheeh by al-Albaani in Saheeh al-Nasaa’i. 

The cuckold is the one who approves of evil conduct in his

Shaykh al-Islam Ibn Taymiyah (may Allah be pleased with him)
was asked about the one who came into his house and found a stranger with
his wife, so he gave her her dues and divorced her by talaaq, then he went
back and reconciled with her and heard that she had been found with a
non-mahram man.  

He replied: In the hadeeth from the Prophet (blessings and
peace of Allah be upon him) it says that when Allah, may He be glorified and
exalted, created Paradise, He said: “By My glory and majesty, no miser, liar
or cuckold will enter you.” The cuckold is the one who has no protective
jealousy or pride. In al-Saheeh it is narrated that the Prophet
(blessings and peace of Allah be upon him) said: “The believer has
protective jealousy (gheerah) and Allah has protective jealousy, and the
protective jealousy of Allah is that no slave should do that which is
forbidden to him.” And Allah says (interpretation of the meaning): “The
adulterer — fornicator marries not but an adulteress — fornicatress or a
Mushrikah; and the adulteress –fornicatress, none marries her except an
adulterer — fornicater or a Mushrik [and that means that the man who agrees
to marry (have a sexual relation with) a Mushrikah (female polytheist, pagan
or idolatress) or a prostitute, then surely, he is either an adulterer —
fornicator, or a Mushrik (polytheist, pagan or idolater). And the woman who
agrees to marry (have a sexual relation with) a Mushrik (polytheist, pagan
or idolater) or an adulterer — fornicator, then she is either a prostitute
or a Mushrikah (female polytheist, pagan, or idolatress)]. Such a thing is
forbidden to the believers (of Islâmic Monotheism)” [al-Noor 24:3]. The
correct scholarly opinion is that it is not permissible to marry a zaaniyah
(a woman who commits fornication or adultery) until after she has repented.
The same applies if the wife commits zina: the husband has no right to keep
her in that case; rather he should leave her, otherwise he will be a cuckold
(duyooth). End quote from Majmoo‘ al-Fataawa, 32/141


If the woman has repented, turned over a new leaf and is
living a righteous life, and she has cut off all ties to that non-mahram
man, then the husband may keep her, and perhaps Allah will reward him for
treating her kindly and concealing her sin. 

We have stated that it is not permissible for him to keep her
as his wife if she committed zina and has not repented from it sincerely,
and we stated that if she repents and turns over a new leaf, then he may
keep her and conceal her sin, if he has the patience to do that. What we
have said about it being permissible to keep her if she repents is not
obligatory for him, rather it is up to him. In all cases he may leave her,
because zina on the part of the wife is extremely abhorrent and most people
cannot forgive that. And if he divorces her, then he is not responsible for
what she commits of sin, and if she apostatises from Islam, she alone is
responsible for that, because she is accountable and of sound mind: if she
does good deeds that it is in her favour and if she does bad deeds then it
counts against her. 

We ask Allah to protect the Muslims from all trials, evils
and turmoil. And Allah knows best.

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