FatwaFederal TerritoriesMarriage & Family
IRSYAD HUKUM SIRI KE-850: SUAMI MENGETAHUI ISTERINYA BERZINA
Does a marriage end if the wife commits adultery and becomes pregnant, and what is the lineage of the child?
Short answer
Adultery by the wife does not dissolve the marriage unless the husband divorces her by pronouncing talaq or through li'an.
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
Adultery by the wife does not dissolve the marriage unless the husband divorces her by pronouncing talaq or through li'an. According to the Shafi'i school, the husband is forbidden to deny the child's lineage if it is possible that the child was conceived from marital relations or from adultery. He may perform li'an to deny lineage only if he is certain, based on evidence, that the child is not his, such as never having had intercourse with her or the child being born less than six months after intercourse. Where there is no child, concealing the wife's adultery and advising her to repent is better than accusing her, and it is not forbidden for him to remain married to her.
Written in our own words from the original fatwa — check the source before acting on it.
Zina yang dilakukan oleh isteri tidak membatalkan perkahwinan selagi mana suami tidak menceraikannya dengan lafaz talak atau li'an.
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-850: SUAMI MENGETAHUI ISTERINYA BERZINA”, 29 May 2024. https://muftiwp.gov.my/ms/artikel/irsyad-hukum/umum/5921-irsyad-hukum-siri-ke-850-suami-mengetahui-isterinya-berzina. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/wife-adultery-marriage-and-child-lineage/