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Husband Has 3 Options For Adultery Of Wife
Husband has 3 option for adultery of wife as per discussion in previous thread. Divorce, punishment by state and live with wife and accept adultery. All these options are true in light of Islam? Reference is given below of previous thread.
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Husband Has 3 Options For Adultery Of Wife
updated 3 years, 5 months ago
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Following is the Sharia regarding such matters between a husband and wife:
الَّذِينَ يَرْمُونَ الْمُحْصَنَاتِ ثُمَّ لَمْ يَأْتُوا بِأَرْبَعَةِ شُهَدَاءَ فَاجْلِدُوهُمْ ثَمَانِينَ جَلْدَةً وَلَا تَقْبَلُوا لَهُمْ شَهَادَةً أَبَدًا وَأُوْلَئِكَ هُمْ الْفَاسِقُونَ إِلَّا الَّذِينَ تَابُوا مِنْ بَعْدِ ذَلِكَ وَأَصْلَحُوا فَإِنَّ اللَّهَ غَفُورٌ رَحِيمٌ وَالَّذِينَ يَرْمُونَ أَزْوَاجَهُمْ وَلَمْ يَكُنْ لَهُمْ شُهَدَاءُ إِلَّا أَنفُسُهُمْ فَشَهَادَةُ أَحَدِهِمْ أَرْبَعُ شَهَادَاتٍ بِاللَّهِ إِنَّهُ لَمِنْ الصَّادِقِينَ وَالْخَامِسَةُ أَنَّ لَعْنَةَ اللَّهِ عَلَيْهِ إِنْ كَانَ مِنْ الْكَاذِبِينَ وَيَدْرَأُ عَنْهَا الْعَذَابَ أَنْ تَشْهَدَ أَرْبَعَ شَهَادَاتٍ بِاللَّهِ إِنَّهُ لَمِنْ الْكَاذِبِينَ وَالْخَامِسَةَ أَنَّ غَضَبَ اللَّهِ عَلَيْهَا إِنْ كَانَ مِنْ الصَّادِقِينَ (24 :4-9)
“And those who accuse chaste women and bring not four witnesses as an evidence [for their accusation], inflict eighty stripes upon them, and never accept their testimony in future. They indeed are transgressors. But those who repent and mend their ways, Allah is Ever-Forgiving and Most-Merciful. And those who accuse their wives but have no witnesses except themselves shall swear four times by Allah that they are telling the truth and the fifth time that the curse of Allah be on them if they are lying. But this shall avert the punishment from the wife if she swears four times by Allah and says that this person is a liar and the fifth time she says that the curse of Allah be on her if he is telling the truth“. (24:4-9)
if such an instance takes place between a husband and his wife, then according to the Quran, if no evidence is available, the matter shall be decided by pledging oaths. In Islamic law, this case is termed as لِعَان (lian). The husband shall swear four times by Allah that he is truthful in his accusation and the fifth time he shall swear that the curse of Allah be on him if he is lying. In reply, if the wife does not defend herself in anyway, she shall be punished for fornication. If she refutes the allegations, she shall only be acquitted from the punishment if she swears four times by Allah that the person is lying and the fifth time she says that the wrath of Allah be on her if he is telling the truth. The same procedure shall be adopted if the wife accuses the husband.
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Agreed but last option is valid in Islam?? Accept the adultery of wife??
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Assalam u Alaikum,
The burden of proof is on the person accusing the other (in this case, the husband accusing the wife). In the absence of this standard, people would gain a free pass to accuse one another and demand relevant punishment. Moreover, the standard of proof for accusing a chaste woman is four witnesses if the proof is in the form of witnesses. In my humble opinion, Islamic law is fluid enough to also accept modern sources of evidence (videos, audios, DNA, other forensics etc.). However, the four-witness standard is very high. Islam has strictly guarded the honour and sanctity of a person (more specifically a woman) being accused of adultery.
Regards
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Brother Abbas. Correct me if I am wrong. It seems like to accuse a wife, it doesn’t require 4 wittness. Perhaps to prove and punish in Islamic court requires 4 witness or a solid modern day proof.
[24:6] As for those who accuse their own spouses, without any other witnesses, then the testimony may be accepted if he swears by GOD four times that he is telling the truth.
[24:7] The fifth oath shall be to incur GOD’s condemnation upon him, if he was lying.
[24:8] She shall be considered innocent if she swears by GOD four times that he is a liar.
[24:9] The fifth oath shall incur GOD’s wrath upon her if he was telling the truth.
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Thank you for the peer-review, Nadeem bhaee. This is what I actually meant i.e. the accused remains innocent unless the standard is met.
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Brother! I am asking about 3rd option. Accept the adultery of wife. Other laws i understand.
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Can you kindly clarify the question with reference to the specific verse and/or the phrases within it? Thank you
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Family dynamics are very complicated and a person has to see well being of his children as well before jumping to any conclusion. A husband may also try to to give time to the wife so that she can amend her behaviour. He can talk to the wife, involve elders of the families from both sides to talk to her. The presence / absence of children play a critical role in deciding these matters. However, without any genuine reason, if a husband still condones and lives with his wife despite knowing about her extramarital affairs, that husband might have to be answerable for condoning such behaviour despite the fact he was the head of the house and he chose not to do anything to counter the situation. This is in accordance with Hadith, where a person despite have authority over someone, chooses not to do anything about their clear wrongful act (not even in his heart), then this will become a matter of accoutability.
In case of a genuine reason which led husband to conclude to still live with his wife, that excuse will hopefully be acceptable in the sight of God. However, if he chooses to implement sharia in this regard, then in the absence of evidence, he has to follow procedure of Lian as mentioned above and then they both will be separated.
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Brother Ali u r going round and round because, for some reason, u aren’t asking the real question
I am sorry but I feel that other brothers trying hard to answer u but since they don’t know the question, u seem not satisfied and keep bringing up the same question again and again
This is qs brother Ali asked in our private discussion over 2-3 days
Yes, the real question of my friend is that if he is unable to satisfy his wife then he want to allow his wife for sex with another man, in this condition it is allowed in Islam or not. Also he don’t want to divorce her.
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Wow… very difficult question and very difficult situation. Thank you brother Faraz for bringing up the real question.
Based on my very little knowledge, I do not think it would be allowed in any circumstance. The is a hard test for brothr Ali and he must pass this test. If there is no medical solution or any hope or alternative to keep her happy within Allah’s guidelines, he needs to let her go to legally get married to someone else.
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I think the husbad instead of thinking about giving her option to have extramarital relations, let her decide herself to either stay with him as a chaste wife or honorably let her go.
I think it is a very tough test for wife too, but if husband is extremely nice person, it might be be better for her to be patient and stay with him and ask Allah for help.
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“Yes, the real question of my friend is that if he is unable to satisfy his wife then he want to allow his wife for sex with another man, in this condition it is allowed in Islam or not. Also he don’t want to divorce her.”
Assalam u Alaikum
Such questions are often lacking specific details to receive individualised responses. Rest assured, the couple need expert opinion and assistance of various specialists i.e. General Practitioners, experts who identify and treat past trauma in adults, sex therapists, psychologists dealing with poor self-esteem, marriage counsellors, lawyers well versed in the law of the land and who could explain the consequences of certain acts and omissions etc. Importantly, there are many clinical treatments and plans, coupled with other exploratory options available to modern-day couples in this area. Some or all of them ought to be utilised under expert supervision. They will more likely fall under permissible exceptions of the Islamic law.
Of course, the anonymous brother is on the right track in seeking the assistance of Islamic scholars as well.
In this regard, I keep my layman opinion short by referring to 4:24 which forbids married women to the believers.
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@Abbas i have read 4:23. But i don’t understand. Can u explain??
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@alishafi1 The relevant verse is 4:24, not 23.
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Yes sorry 24. I have read.
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This verse and its context reveal that women in the tribal culture of Arabia were treated as commodities.
In such a culture, it was common for men to use women for their lust and desire without regard to morality and the honour and dignity of a human being.
Among other things, men had relationships with married women. Accordingly, verse 4:24 prohibited the believers from having such relationships.
By implication, the prohibition in this verse extends to two other parties. Firstly, to the believers who may want to allow their wives to have a relationship with other men out of a want or need. Secondly, married women are also bound to uphold the sanctity of this law despite having difficult experiences.
The only temporary exception in this verse were slaves or war captives with polytheist husbands. This exception no longer exists. Islam’s approach to eradicating slavery was gradual but firm.
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My reply(I omitted few things not related to the question)
Anyway, in the situation u mentioned, it doesn’t matter what husband want. What does the wife want will decide the matter. She wants to do zina or stay with her husband or divorce him and marry someone else.
Moreover, It remains a sin no matter. No descent person let alone religion would accept this kind of behavior. It opens the door for all profanities. If the husband is truly not able after satisfying all medical treatments then accept it as a test from Allah and allow the wife if she would like to be honorably divorced.
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The question is not from brother Ali but another person who’s identity should be protected
I apologize for not mentioning this earlier
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I have read the reference of Quran Sharif 23:1-13 . But this is for husband that he is allowed with his wife and slaves, can anyone give other reference about wife??
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Also ˹forbidden are˺ married women—except ˹female˺ captives in your possession.1 This is Allah’s commandment to you… 4:24
If married women are forbidden for men then it’s apparent that opposite is also true
Although having multiple husbands has never been a practice in history. Anthropologist suggested it in some humans/humanoids
Quran doesn’t have to negate if something is already not accepted. Just like dog meat is haram is not mentioned so if some says I want to eat it cuz it’s not explicitly haram in the Quran
Brother plz accept that this arrangement is not allowed no matter which way u ask the question
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