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FatwaFederal TerritoriesMarriage & Family

IRSYAD HUKUM SIRI KE-732: SUAMI GAY ADAKAH PERLU KEKAL ATAU CERAI?

If a husband admits that he is gay, must the wife stay in the marriage or may she seek a divorce?

Short answer

The husband is obliged to repent and resolve not to repeat the sinful act, and the wife is obliged to advise him to do so.

Federal TerritoriesOpinion (irsyad)

A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.

Authority
Federal Territories Mufti Office
Date
Status
Opinion (irsyad)
Series
Irsyad al-Hukum (Umum)
Topic
Marriage & Family

No evidence of gazettement in the source — this is not a gazetted fatwa.

Summary

The husband is obliged to repent and resolve not to repeat the sinful act, and the wife is obliged to advise him to do so. If the conduct continues, the wife has the right to apply for fasakh under Islamic Family Law provisions, including section 52 (h) (ii). The ruling explains that a transgressor is not an equal match for a righteous wife who guards her honour. She is advised to consult a syariah legal practitioner about legal action.

Written in our own words from the original fatwa — check the source before acting on it.

Dalam kes ini, suami wajib bertaubat dan berazam tidak akan mengulangi lagi perbuatan maksiat tersebut.

Excerpt from the original fatwa · Federal Territories

Read the full fatwa on the Federal Territories website (new tab)

How to cite

Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.

Federal Territories Mufti Office. “IRSYAD HUKUM SIRI KE-732: SUAMI GAY ADAKAH PERLU KEKAL ATAU CERAI?”, 6 December 2022. https://muftiwp.gov.my/ms/artikel/irsyad-hukum/umum/5467-irsyad-al-fatwa-siri-ke-732-suami-gay-adakah-perlu-kekal-atau-cerai. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/gay-husband-stay-married-or-divorce/