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Married a Girl Who Is Unfaithful to Him

 
Question:

Respected Allama Sahib.I married a girl whose past I was unaware of. Despite meeting all the necessities after marriage, she was in a relationship with another boy behind the scenes. I came to know about it a few days later. Due to the notoriety in the family, I wanted to keep it a secret. I talked openly with the girl’s parents but they also seemed helpless in this matter. I told my wife not to do that, she would be deceived. That i am not like that But when I presented the evidence, she would make some more excuses. Over time, she lost her two children in the form of abortion. Gradually, the news of her relationship with someone else spread. I did my best to guide her to the right path, but all to no avail.You are asked what Islam says in such a situation. And what is the punishment in Islamic law for a girl who does this to her husband after marriage? In such a case, if her husband divorces her, will her husband not be found guilty?

Answer:

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.

If the situation is as you mentioned, and this woman has not sincerely repented to Allah, The Exalted, then you bear no sin for divorcing her. You may rather bear a sin for keeping her as your wife despite her current state. It is recommended to divorce an unchaste wife, and it was even said to be obligatory. Ibn Qudaamah, may Allaah have mercy upon him, while addressing the categories of divorce, said in Al-Mughni: “The fourth is recommended; it is when the wife neglects the rights of Allah that are due upon her, such as the prayer and similar acts of worship, and her husband is unable to force her to observe them, or if she is unchaste. (Imaam) Ahmad said, ‘In this case, he should not keep her as wife because it undermines his religiosity, and because he would not be safe from her unfaithfulness … It is probable that divorce in these two cases is obligatory.’” [End of quote]

As for the punishment for a woman who fails to guard her chastity, if she does not repent to Allah, The Exalted, she is promised a painful punishment in the Hereafter and Barzakh (the period between death and resurrection). As for her punishment in this worldly life, if it is proven that she has committed Zina (fornication or adultery), the prescribed punishment is stoning to death for the married woman and one hundred lashes for the unmarried one. It should be noted that only the ruler is authorized to execute this punishment, and this duty is not assigned to Muslim individuals.

Allah Knows best.

 

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