Fatwa: # 45441
Category: Jurisprudence and Rulings...
Country:
Date: 9th September 2020

Title

Will my marriage break if I cheated on my wife?

Question

Assalamu Alaikum 

Dear Sheikh 

A Muslim married man, lives far away from his wife. He did not meet his wife for years. Under the influence of shytan he once committed jinah (sexual intercourse) with another non-Muslim women. Now he wants to know according to Islamic law is his marriage is broken with his Muslim wife?

 

Two important things to consider:

1. He did not tell his wife about this

2. He did sincerely repent (tawbah) that he will not repeat this crime 

 

This brother is going through immense distress about this. He's worried if his marriage with his wife is damages anyhow according to Islamic laws? He feels bad about this sin everyday. 

 

Please answer the question according. Jazakallah 

Answer

Wa Alaykumus Salaam Wa Rahmatullahi Wa Barakaatuh

In the Name of Allah, the Most Gracious, the Most Merciful.

Respected brother in Islam,

We take note of the content of your email.

Indeed, adultery is a major sin that is punishable by being stoned to death. If an unmarried person commits fornication that is punishable with a hundred lashes.

Allah ﷻ says in the Quraan:

الزَّانِيَةُ وَالزَّانِي فَاجْلِدُوا كُلَّ وَاحِدٍ مِنْهُمَا مِائَةَ جَلْدَةٍ وَلَا تَأْخُذْكُمْ بِهِمَا رَأْفَةٌ فِي دِينِ اللَّهِ  [النور: 2]

Translation: Lash the (unmarried) woman and (unmarried) man who commit fornication one hundred times. And let not pity for them withhold you from a matter ordained by Allahﷻ.

It is also pleasing to note that you understand the gravity of the sin and deeply regret that. If you have made sincere Tawbah, indeed Allah ﷻ is Most Forgiving and Most Merciful.

Allah Ta’ala says:

فَمَنْ تَابَ مِنْ بَعْدِ ظُلْمِهِ وَأَصْلَحَ فَإِنَّ اللَّهَ يَتُوبُ عَلَيْهِ إِنَّ اللَّهَ غَفُورٌ رَحِيمٌ  [المائدة: 39[

Translation: Whosoever repents after his wrongdoing and reforms his ways, then verily Allah Ta’ala is Most Forgiving and Most Merciful.

Brother, whilst you should exercise restraint from all sins, it is natural for a person to fulfil his carnal desires. More so when one is already married. You state you live far away from your wife. Do not trust your Nafs and Shaytaan. You should consider being with your wife to save yourself from the tricks of the Nafs and Shaytaan.

Nevertheless, if a married person has committed adultery, that will not affect his Nikah with his wife.

And Allah Ta’ala Knows best

Ebrahim Ibn Ahmed Dadan

Student Darul Iftaa
Pietermaritzburg South Africa

Checked and Approved by,
Mufti Ebrahim Desai.

 

DISCLAIMER - AskImam.org questions
AskImam.org answers issues pertaining to Shar'ah. Thereafter, these questions and answers are placed for public view on www.askimam.org for educational purposes. However, many of these answers are unique to a particular scenario and cannot be taken as a basis to establish a ruling in another situation or another environment. Askimam.org bears no responsibility with regards to these questions being used out of their intended context.
  • The Shar's ruling herein given is based specifically on the question posed and should be read in conjunction with the question.
  • AskImam.org bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.
  • This answer may not be used as evidence in any Court of Law without prior written consent of AskImam.org.
  • Any or all links provided in our emails, answers and articles are restricted to the specific material being cited. Such referencing should not be taken as an endorsement of other contents of that website.
The Messenger of Allah said, "When Allah wishes good for someone, He bestows upon him the understanding of Deen."
[Al-Bukhari and Muslim]