Dear Scholar, Assalam-o-Alaikum. My Question is that “Jafri” and “Hinda” are wife and Husbands to each other.Jafri was very cruel to her.He punishes her severly on very small matters.Jafri left the country for two years.Hinda ask Jafri to get back to home for her sexual gratification.But Jafri’s reply is “no”.”I am busy due to Office work”.(For Extra mony).In these days “Hinda” committed “Adultery”(Zina) but did’nt tell this to “Jafri”. “Hinda” is feeling very shame and sinfull herself on this act.So,when “Jafri” get back to home; Q:1.What are the acts and laws of Shari’ah for Hinda?Q:2.What are the acts and laws of Shari’ah for Jafri if Hinda Tell him about her sin?Q:3.If they have children,Who is responsible for care of children of both of them?Q:4.If Hinda wants to become relegious woman and for that she make “Repentance”(Tuba).Is it good for her?Q:5.If Hinda become a religious and veiled woman and make a true “Repentance”,Is Jafri allowed to live with her or not?Q:6.If Hinda wants to live in her parents home,is it lawfull?Q:7.In above case, who is responsible for That Sin?Jafri or Hinda? Q:8.In houses attached bathrooms are made.Is it lawfull to make wudu in the bath area and recite “Dua” of wudu? Q:9.Is it right to give name “Aliza” to a baby? I have heard from somewhere that its meaning is “Like Hazrat Ali(RA)”. .
1. It is obvious that she perpetrated a major sin and she should make a resolution never to repeat this despicable act and she must also make Tawbah.
2. She should rather remain silent instead of disclosing what happened.
3. Both are responsible for the children. If he is not around, she must take care of them and he must provide financial help.
4. Surely, she must make Tawbah. It is, in fact, compulsory upon her to make Tawbah.
5. Yes, he is allowed to live with her even if she does not make Tawbah. Her sin of adultery does not affect the validity of the marriage.
6. If her husband permits her to live with her parents, there is no problem. If he does not permit it, she is not allowed to do so.
7. Obviously, she is a woman who had the choice. She is responsible. However, he is partly to be blamed as well. Nonetheless, his actions cannot be used to justify her sins.
8. Yes, it is permitted provided it is a bathroom and not with a toilet.
9. Al-Izzah (with an Ain and zaa) means glory, honour or high rank. Aliza as spelt by you is a name unknown to me.
and Allah Ta’ala Knows Best
Mufti Muhammad Kadwa
FATWA DEPT.
checked & approved by: MUFTI EBRAHIM DESAI (FATWA DEPT.)