[Q-ID0841] If my husband has committed adultery does that mean we are now divorced?

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QUESTION:

What do the scholars of the Dīn and muftīs of the Sacred Law state regarding the following issue: My husband has committed adultery with other women – has my marriage with him finished; and if it has not finished, can I apply for Khul’?

Questioner: Sister from UK

ANSWER:

بسم اللہ الرحمن الرحیم
الجواب بعون الملک الوھاب اللھم ھدایۃ الحق والصواب

To fulfil one’s desires with other women who are outside of one’s marriage is Harām [unlawful] and an extremely severe sin. Therefore, if the aforementioned individual really has committed this sin, then it is essential for him that he sincerely wholeheartedly repents straightaway. However, the marriage has not finished because of this sin; for the marriage to finish, either the husband must divorce the wife, or the wife consensually asks her husband for the marriage to be finished via the process of Khul’, or the marriage is dissolved & nullified due to Islamic legal reasons [Faskh].

However, if the husband does not fulfil his wife’s rights and does not provide the expenditures, then the wife can request a divorce from her husband. But if he does not consent to divorce, then the wife can separate from him by handing back her dowry through the Khul’ process.

واللہ تعالی اعلم ورسولہ اعلم صلی اللہ علیہ وآلہ وسلم
کتبہ ابو الحسن محمد قاسم ضیاء قادری

Answered by Mufti Qasim Zia al-Qadri
Translated by Haider Ali Madani

Read the original Urdu answer here: [Q-ID0841] If my husband has committed adultery does that mean we are now divorced?

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Source: Seekers Path

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