STUDYING ISLAM

Divorce Due to the Wife’s Love Affair…

Earlier archive · · October 7, 2026

Question

Divorce Due to the Wife’s Love Affair… In the case of an impending divorce where the wife is drug addicted, has had affairs and a baby with that man; the husband is divorcing her, the papers have been filed. Is he obligated to support her by allowing her to live in his home until the divorce is final? Does he have the right to marry another woman now? Islamically only of course. Amina, USA Reply In case the wife is guilty of adultery, then the husband, according to the Shari`ah is not obliged to provide her with either a place to live or even a living allowance. In such a situation the Shari`ah has even allowed the man to ask the wife to return all the gifts that he had presented her during their marriage. It should be remembered that the Shari`ah has prohibited the husband from making such a demand of returning the gifts, under any other circumstances. However, it is important to remember that the above relates to a situation where it has become evident, beyond any reasonable doubt that the woman has actually been guilty of adultery. The above stipulations would not apply to a situation, which is anything less than ‘proven’. Yes, the man can take a second wife, even before the finalization of the divorce. The Shari`ah does not hinder a man from doing so. I hope this helps. Regards, Moiz Amjad Home Page Use this "Home Page" link only if you have opened this page by following an external link, Otherwise you may simply Close this Window

Answer

Divorce Due to the Wife’s Love Affair… In the case of an impending divorce where the wife is drug addicted, has had affairs and a baby with that man; the husband is divorcing her, the papers have been filed. Is he obligated to support her by allowing her to live in his home until the divorce is final? Does he have the right to marry another woman now? Islamically only of course. Amina, USA Reply In case the wife is guilty of adultery, then the husband, according to the Shari`ah is not obliged to provide her with either a place to live or even a living allowance. In such a situation the Shari`ah has even allowed the man to ask the wife to return all the gifts that he had presented her during their marriage. It should be remembered that the Shari`ah has prohibited the husband from making such a demand of returning the gifts, under any other circumstances. However, it is important to remember that the above relates to a situation where it has become evident, beyond any reasonable doubt that the woman has actually been guilty of adultery. The above stipulations would not apply to a situation, which is anything less than ‘proven’. Yes, the man can take a second wife, even before the finalization of the divorce. The Shari`ah does not hinder a man from doing so. I hope this helps. Regards, Moiz Amjad Home Page Use this "Home Page" link only if you have opened this page by following an external link, Otherwise you may simply Close this Window

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