Fatwa: # 18522
Category: Beliefs
Country: India
Date: 26th February 2010

Title

I would like to know if a married muslim woman committs adultery & have illegitimate physical relations with another married man other than her lawfully wed husband, what...

Question

I would like to know if a married muslim woman committs adultery & have illegitimate physical relations with another married man other than her lawfully wed husband, what does the Islamic-Sharia says for such a woman/man.

Secondly, since undobtedly both of them have committed sins, what should be the kaffara in their respective cases so that they can lead a normal life without any guilt feeling & repentence & their conscience don't bite them in their future lives.

Finally, does their respective nikaahs still remain valid ? if no, then what are the implications on their respective lives thereafter & what should they do if they still want to remain loyal & lawfully-married to their respective spouses.

 

Answer

 

In the name of Allāh, Most Gracious, Most Merciful


Assalāmu ῾alaykum wa Rahmatullāhi Wabarakātuh

 

Such a man and woman, according to the Shariah, have had committed a major sin. It is fard (compulsory) upon them to immediately, without delay, do repentance (tauba). Therefore, if one delays the repentance, then apart from repenting for the actual sin, it is also compulsory to repent for having delayed the repentance. Failure to repent from sins will make such a person liable to receive unbearable punishment after death. For a major sin, such as committing adultery, sincere repentance is the only kaffara (atonement).

 

Repentance, according to the Shariah, comprises of the following components:

1) Abandoning the sin.

2) Having remorse for having committed the sin because it is a sin. If one has remorse for committing the sin because of its harmful effect on his health or wealth, for example, then the repentance is not valid.

3) Having firm determination not to commit the sin again.

4) If the sin involved unlawfully taking another person’s right, then to give back his right. And if the sin involved leaving an act of worship that was obligatory on him, then to make up for it (by doing qadaa’).

 

قل ابن نجيم رحمه الله: أما الكبائرأسأل الله العفو عنها والعافية منهافقالوا: هي بعد الكفر: الزنا إلخ ... ( وبعد صفحات) ... الثاني والعشرون: في التوبة: وهي: الندم على المعصية من حيث أنها معصية ، والعزم على عدم العود إلى مثله ، وتحقيق الإقلاع عنها ، وردّ المظالم إلى أهلها عند الإمكان ، وقضاء ما قصر في فعله من العبادات ؛ وإنما قيدنا بالحيثية المذكورة لأن الندم على فعلها من حيث أنها ضارة لبدنه أو متلفة لماله ليس بتوبة ... ( بعد أسطر )... التوبة عن الذنب فريضة على الفور صغيرة كانت أو كبيرة فتجب التوبة عن تاخير التوبة ... ( وبعد سطر )... الكبيرة لا يكفرها إلا التوبة النصوح ( الرسائل الزينية: ص 353 ، 372 ط دار السلام )

 

 

After a person does sincere repentance with all the components mentioned above, he should rest assured that the sin is now forgiven. Allah Ta’ala says in the Holy Quran: (Translation) And He it is Who accepts repentance from His servants and pardons the evil deeds and He knows what you do (Quran 42:25). Abu Ubaidah ibn Abdullah narrates from his father that Rasulullah (sallallaahu alaihi wa sallam) said, “One who repents from the sin is like one who has no sin.” (Ibn Maajah, hadith 4240).

 

Although committing adultery is a major sin, the nikah of one who committed such a sin will remain intact.

 

And Allāh Ta῾āla Knows Best

Wassalāmu ῾alaykum

Ml. Faizal Riza

Correspondence Iftā Student, Australia

 

Checked and Approved by:

Mufti Ebrahim Desai
Dārul Iftā

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