Home
Discover Islam
Quran Recitations
Lectures
Fatwa
Articles
Fiqh
E-Books
Women
Boys & Girls 
Enter Question
View By Subject
Fatwa Of The Week
Selected Fatwa
Fatwa CenterHe Conditioned a Divorce on an Accusation Which his Wife Denied
Question
I want to ask on behalf of a relative. The husband was living in Saudi Arabia and his wife in Pakistan. During her visit, he found chats proving she had committed zina. While performing Umrah, at the Kaaba he made her swear she had not done zina (she denied), and he declared: “If she has done zina, she is divorced.” They continued living together and two children were born. Now the husband is convinced she had already done zina. Plz guide:Is the nikah still valid or was divorce effective.
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.
The basic principle is that a husband should think well of his wife and not accuse her of anything dishonorable without clear evidence - especially when it is related to the grave matter of adultery. Such an accusation could amount to Qadhf (false accusation of fornication or adultery), which is among the major sins. The Quran prohibits suspicion, as Allah the Almighty says (what means): {O you who believe, avoid much suspicion. Indeed, some suspicion is sin.} [Quran 49:12]
Moreover, even if it were proven that the wife had committed adultery in the past, this does not mean she would necessarily fall into it again thereafter.
If a husband makes his wife’s divorce conditional upon something that can only be known by her, then the default ruling is that her statement is to be accepted. Thus, if she says that the condition was not fulfilled, the divorce does not take effect.
Some scholars, however, have held that if a man suspends the divorce of his wife on her informing him of something, and he cannot verify whether she told the truth or not, then her divorce takes effect Diyānah (i.e. in terms of the wife’s accountability to Allah the Almighty). But the preponderant opinion, which we adopt, is that the divorce does not occur - because the original state (certainty) is the continuation of the marriage, and this is not invalidated by doubt. Therefore, the marital bond remains intact.
We also note that it is preferable for the husband and wife to live together in the same location as long as it is possible for them so that each may safeguard the other’s chastity. If this is not possible, the husband should not remain away from his wife for a long period that causes harm. In fact, it is among the wife’s rights that her husband should not be absent from her for more than six months except with a valid excuse.
Allah knows best.
Search Fatwa
Fatwa Subject
