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Should my sister stay married to her gay husband or take a divorce?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
My sister in Pakistan got married 12 years ago. We just found out that her husband is homosexual and is having a physical relationship with a guy in Karachi. He also has physical problems due to which he cannot have intercourse with my sister. They do have 2 sons though. My sister is going through a tough time as she has some kidney disease and has to go through all this. Since her husband is a gay and does not have intercourse with her, she has started liking the doctor she was visiting. We got the doctor changed for her but she says she is still in love with him and wants to marry him. This is not possible as the doctor is 50 years old and already married with kids. Plus, the doctor does not want to marry her. Please tell us what to do in this situation. My brother-in-law says that he is willing to repent and is trying to get rid of this relationship. But he has been gay since he was 15 and now he is in his 40s. He says he has never been attracted to women. Should she take divorce?


(Fatwa: 163/D=23/File-D=1433)

The husband of your sister who practices homosexuality shall be sinful as well as he shall face the curse of violating the rights of his wife. He should avoid this practice and pass pure and pious life and he should also undergo the treatment of some expert physician till he is able to pay the rights of his wife.

Moreover, it is haram for a woman to develop a relation with any doctor or any other person. She should do taubah from it. And until she is in the nikah of her husband she should think of only inducing her husband. If the husband is not able to pay her rights then it is better that she maintains her marital relation to her husband. The holy Quran praises such women who are pious and righteous and guard their private parts. She should give up the idea of separation because they have two children and by getting separation and by doing a second nikah they might feel difficulties and problems, and next who knows how would be the second husband. But if it is not possible to continue the life and woman fears that she would fall in sin then she can get talaq or khula from her husband. The woman cannot become free without talaq.

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.