His Wife Committed Zina Twice With A
Christian Man; Should He Divorce Her? If She
Apostatises Will There Be Any Sin On Him?
Islamic Rulings -
Living Shariah Verdicts
Islamic Questions & Answers
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
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
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