If wife has sexually transmitted disease what should the husband do?

If wife has sexually transmitted disease what should the husband do?

In the name of Allah, the most Beneficent, the most Merciful.

Answer

Before we look at your question I would first like to clarify that the crime of adultery and fornication can be established through three ways.

  1. Four male witnesses.  The four men have to be reliable and pious and they have to explain the meaning of zina to the Imam or to the Qadhi as different individuals have different thoughts as to what constitutes zina.  For example. Some people may consider a man and woman hugging to be zina.  The Imam or the Qadhi will have to ask questions such as ‘when did you see them’ and ‘how did you see them’ etc.  The witnesses will also have to testify that they actually saw the male private part entering into the woman’s vagina.   (Mukthsarul Quduuri p.187)

Allah (SWA) in the Holy Quran has said:

‘And those of your women who commit the shameful act, then have four witnesses from among you….’   (Surah Nisa v.15)

This strict approach is taken so that the husband of the woman will not level undue accusations against her out of personal spite as testimony to zina by less than four individuals will be invalid and they will instead face the punishment of Qadhf i.e. false accusation which consists of 80 whips.   (Maariful Qur’an p.357 v.2)

  1. The adulterer or fornicator makes four separate confessions.  At each confession the Imam or the Qadhi should turn him away and explain to him that he may have made a mistake.  However, on the fourth occasion the Imam will ask him about zina, its meaning and when the act was committed so that a case can be established.

Imam Bukhari (RA) narrates a hadith on the authority of Saaiduna Abu Hurairah  Radiallahu Anhu that a man came to the Prophet of Allah Sallallahu Alahi Wasalam four separate times confessing the crime of zina. (Sahih Bukhari p.1008 v.2)

  1. If a woman who is not married falls pregnant.

With regards to your question, unless adultery can be proved from the aforementioned ways, it will be wrong of you to think or to accuse your wife of adultery. Furthermore, in Islam DNA or laboratory tests are not considered evidence (hujjah) to establish anything. Therefore, the sexually transmitted disease your wife has does not mean she has been unfaithful to you from an Islamic jurisprudence viewpoint.

My advice will be to speak to her about this issue. If she categorically denies of any wrongdoing you should stay with her. However, if she admits to any wrongdoing then the decision to divorce her or keep her in the marriage is up to you. It is not necessary to divorce an adulterous wife. The marriage remains intact, as adultery does not break the marriage.  (Fatawa Rahimiyah p.258 v.8

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham.

 

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