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Discovered that her husband was gay

Question

Salam ALaykoum, I have a friend, she is married and has a 2 years old daughter. She recently found out that her husband was gay. What do you suggest to her to do. Ma hukmu eddeen? Jazakum Allah khayran.

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

Homosexuality is a great major sin, and it completely contradicts the sound Fitrah (natural disposition upon which Allaah created mankind) as we clarified in Fatwa 81381.

If the husband of this woman is really a homosexual, then he is in great danger, so she should advise him in a nice and gentle manner and remind him of Allaah. She should clarify to him the bad consequences of this act and the harm that it causes to him in this worldly life in addition to the severe punishment which awaits him in the Hereafter, as he might repent.

If he repents, then all perfect praise be to Allaah, but if he insists on this condition and his wife fears to be harmed by staying with him, then she may ask him for divorce. If he refuses, she may take the case to the authorities which are specialized in dealing with the personal affairs of Muslims, like Islamic centres, so that they will divorce her from him even in return for compensation (which she pays to him).

However, if by your question about the ruling on her case, you refer to the ruling of her marriage to him, then if the conditions of a correct marriage are fulfilled, the marriage is valid, and her husband being a homosexual does not affect the validity of the marriage.

For more benefit on the conditions of a valid marriage, please refer to Fatwa 83629.

Allaah Knows best.

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