Please note: The answers on Hawramani.com constitute friendly advice rather than fatwas. Where relevant, we translate the opinions and fatwas of respected scholars and present them in our answers.

Dealing with the aftermath of a husband’s cheating

Assalamu Alaykum. I feel so helpless right now. I don't know what to do. I have a husband, and we are married for almost 2 years. We don’t have a child yet. But my husband has a baby who was just born last month from other woman. They committed zina. The girl secretly hide her pregnancy until she gave birth and now he wants my husband to marry her but my husband said he don’t love her but he is willing to provide for the baby. My husband is receiving death threats. What I should I do?

Alaikumassalam wa rahmatullah,

That situation will have to be resolved by discussion between your family, his family and perhaps that woman’s. There is no quick solution to such a situation. We have to be patient and trust God to take care of us in the end.

There is the danger of your husband maintaining a relationship with that woman in secret, since he doesn’t have sufficient self-control to not sleep with other women while married. Islam strictly forbids you from staying with a husband who commits adultery and does not repent (who plans to do it again). The Quran says about such people:

The adulterer shall marry none but an adulteress or an idolatress; and the adulteress shall marry none but an adulterer or an idolater. That has been prohibited for the believers.1

Therefore the situation must be resolved one way or another, whether it is through divorce or his promising to never see that woman again. And if he breaks his promise, then difficult as it will be, you will be required to divorce him. There is no toleration in Islam in any way for staying with a cheating spouse.

May God ease your situation and grant you patience and consolation.

Question from a reader

What does it mean that the adulterer should marry the adulteress or the idol worshiper. Aren't these things entirely different? And if a person strives to become better (if that's the main goal of Islam) then why marry someone who errs Just like you do? Aren't they by the hadd law supposed to have a death penalty so how can they have time to marry? I'm really confused about the answer.

Regarding the first part of your question, the verse is defining the boundaries between the believers and the non-believers. It is saying that marrying or staying married to an adulterer is not something a believer would do, it is only something a pagan or an adulterer would do. It is basically telling Muslims to stay away from known (unrepentant) adulterers in their societies. If they strive to be better (if they repent), then the verse does not apply to them.

As for the ḥadd punishment for adultery, this is a matter for the authorities (the police and the courts) to implement. The Quran does not assume that such an authority would exist. The Quran assumes that there will be unrepentant adulterers living in societies that Muslims also live in.

The great Egyptian scholar of Islamic law Muhammad Abu Zahra (1898 – 1974) rejected the death penalty for adultery. He based his reasoning on various arguments, such as the fact that we do not know at what point in the Prophet’s career the stonings recorded in  hadith took place; they may have taken place long before the verses on adultery in the Quran were revealed, meaning that they may be narrating events that took place at a time when the Prophet had no guidance except Jewish law. InshaAllah I will write an article to translate his full reasoning.

But even scholars who believe in the death penalty for adultery say that this is a matter for the government to carry out, so that someone who commits it may repent and go on with their lives.2 So the husband dealt with in this article, since his case did not go to court, may repent and stay married to his Muslim wife.

Footnotes

  1. The Quran, verse 24:3.
  2. Saudi fatwa council, mentioned in fatwa #47834 on Islamqa.info.
And God knows best.

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