What I want to know is that will I be punished for the adultery of my husband? It’s very clearly stated in Surah Nur, an adulterer for an adulteress. Since i have not committed adultery, where do i stand in this marriage? Is it a sin for me to have sexual relations with such a man? Some aalim did tell me that i would not have this problem in an Islamic state, since the punishment of rajm would be carried out.
In the name of Allah, Most Compassionate, Most Merciful.
Allah states in the Quran: “…Everyone will enjoy the credit of his deeds and suffer the debits of his evil-doings…” (Surah Baqara: 286)
In a further ayah Allah states: “No bearer shall bear the burden of another on the Day of Judgement.” (Surah Israa: 15)
In light of the above it is clear that everyone is responsible for their own actions. Therefore if you fulfilled your marital duties there will be no sin on you at all. However if you were lacking in your duties then the sin for that action (not fulfilling marital duties) will be borne by you and sincere repentance should be made. Even if this was the case, it in no way justifies your husband committing adultery. The sin or adultery will be borne by him only.
The commentary of the verse, “The fornicator shall not marry any but a fornicatoress or a mushrik, and likewise to a fornicatoress, none shall marry her but a fornicator or a mushrik: such marriages are forbidden to the believers.” (Verse 3) of Surah Nur is that marriage between an adulterating man and a chaste woman, and a chaste man and an adulterating woman is forbidden as implied by this sentence but this is exclusive to the situation that a chaste man after marrying an adulterating woman does not stop her from indulging in adultery even after marriage, as that will be nothing short of pimping, which is forbidden by Islamic law. Similarly, if a pious and chaste lady marries an adulterating man and lets him indulge in adultery even after the marriage, then this is also forbidden. What is meant here is that it is a major sin, but it does not follow that their marriage will be nullified. (Maariful Quran, Vol 6, P352)
In addition to the above it is stated in Durrul Mukhtar that it is not essential that a women separates from a husband who commits adultery by means of asking for a divorce through khula (Vol 2, P318.) Therefore on that basis it will still be permissible to have sexual relationship with your husband despite his actions. Although you are correct that in an Islamic state the punishment for a married person who commits adultery, if proven by witnesses or confession, would be rajm (stoning). (Hidaya, Vol 3, P508)
Aisha (radia allahu anha) narrates that the prophet (sallal lahu alayhi wa sallam) said, “… and the stone is for the adulterer.” (Sahih Bukhari: 9.293)
Only Allah knows best.
Sayeedur Rahman
Darul Ifta, Birmingham