The Wife’s Zina Does Not End the Nikah

Question

Zayd’s wife committed zina with Bakr, for which there is proof, and both have also confessed this evil act of theirs. Has Zayd’s wife gone out of the nikah or not? Zayd is prepared to keep her again. What is the ruling of the Shari‘a? Kindly explain with a reliable reference.

Answer

The nikah has not ended through this act. If Zayd wishes to keep her, let him have his wife make repentance and istighfar (seeking forgiveness) and take a pledge from her not to commit such an act in future. In “al-Durr al-Mukhtar” it states: [ar]وَلَا يَجِبُ عَلَى الزَّوْجِ تَطْلِيقُ الْفَاجِرَةِ[/ar] “It is not wajib upon the husband to divorce (talaq) a wanton wife” (vol.

Source: Fatawa Mahmudiyya

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