Would adultery constitute divorce

CategoriesDivorce [537]

Would adultery constitute divorce or a separation of the marriage?  

 

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

 

Answer

 

There are three ways for a marriage to break or separation to occur:

  One utters the words of divorce or talaq verbally. It is mentioned in Durrul Mukhtar:

 

 “The main part (rukn) of divorce is the specific statement.” (Raddul Muhtar p.426 v.4)

 

  • Giving talaq through means of the written word also effects separation. Imam Kasani (RA) states:

 

“Similarly, issuing a divorce verbally is not a condition. Hence, divorce will be effected with clear and unambiguous writing, or with the understood gesture (isharah) of a dumb person, because the clear written word is in place of verbal utterance”. (Bada’i al-Sana’I p.100 v.3)

  Sometimes if a husband is not fulfilling his rights the wife can initiate a separation through the rulings of an Islamic Shariah Concil.

 

With regards to your question, however grave and heinous the crime of adultery is, if the husband or the wife committed it, their marriage will not break. (Aapke Masaail p.188 v.5)

 

Only Allah Knows Best

 

Mohammed Tosir Miah

 

Darul Ifta Birmingham.

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