“If you committed zina and did not tell — three talaqs”

Question

(1) On the basis of suspicion, a husband calls his wife an adulteress (zaniya) and says: «اگر تو نے زنا کیا ہوگا اور تو نہیں بتلائیگی تو میری طرف سے تجھ کو آج سے تین طلاق» (“If you have committed zina and you do not tell, then from me to you, from today, three talaqs”). Then, about six months later, a child was born, and then there was questioning about it, because this child resembles a non-mahram. (2)

Answer

(1) It is not permissible for Zayd to call his wife an adulteress; it is a very grave crime. As long as zina is not proven, talaq will not fall upon his wife because of these words. (2) If the wife admits, talaq will not take effect; a major (mughallaza) divorce will occur when the proof of talaq is by some other means and the wife does not admit. (3) If a major (mughallaza)

Source: Fatawa Mahmudiyya

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