Divorce and Affair

Answered according to Hanafi Fiqh by

Q: After 40 years of marriage I caught my wife having sex with another man. We are married according to Sahriah (Islamic) law, not registered in the country we are residing. Can I divorce her or must I apply for divorce according to the laws of the country in which we are residing? Is an Islamic divorce acceptable?

A. If you can find it in your heart to forgive your wife and at the same time take precautions for the future, Allah Ta’aala will surely forgive you for your shortcomings and have mercy on you. Forty years is a very long time and humans are prone to committing errors.  

In this case, if you want to divorce her, a Shar’i (Islamic) divorce will suffice because your marriage is not registered in the country you are residing in.
May Allah Ta’aala reward you, Aameen.

Moulana Yusuf Laher
Checked by: Mufti Siraj Desai

This answer was collected from, which is operated under the supervision of Mufti Siraj Desai of Darul-Uloom Abubakr, South Africa.

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