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Wife committed zina

Answered as per Hanafi Fiqh by Fatwa.org.au
I am in great trouble. plz help. my uncle is in a gulf country and coming to pak b4 completing a year to visit his family for 2 or 3 months. recently he went back to his job and received a call from pak. an unknown person told him that he has been having physical relations with his wife for last four years. he was shocked after hearing all this and same day came to pak but b4 asking any thing to his wife she told him herself and admitted her mistake she said to him (i was in ignorance and was doing bad act but i have left every thing and cut all ties with that man i am turned to my allah and you offering my prayers regularly and do touba from my heart i take an oath on quran that it will never happen again i ask for the forgiveness of allah who is very kind and merciful i always shed tears on my sin and ask you to punish me either stoning to death or cut my whole body because i share your bed with a na mehram and i gave you severe pain i ashamed on what i committed i gone against the quran and sunnah zina is forbidden in quran & islam i want you to give me the pain more than i gave you i am repenting truly in front of allah and seeking for his blessings in the holy month of ramdan) but my uncle says that i cannot keep you with me bcoz you cheat on me and my 2 children you did not safe your private parts in my absence and cannot trust on you as you break the haddh of islam *******plz guide in the light of quran and islam can my uncle forgive her and keep her as his wife while she is repenting on her major sin and shedding tears having the fear of allah and the DAY of aakhirah JAZAK ALLAH KHAIR

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

We appreciate you writing to us.

The answer to your question is that yes, your uncle can most certainly forgive his wife and keep her in his nikaah, especially considering that she has admitted to her mistake and that she has repented from it. Rasulullah (sallallahu alaihi wa sallam) has said, “Have mercy on those on earth and the One in the sky will have mercy on you.” (Tirmizi).

Your uncle should also realise that he should not leave his wife for long periods of time, as it is a means of fitna for the wife. The jurists have written that it is not permissible for a man to stay away from his wife for more than four months without the wife agreeing to it. (Raddul Muhtaar: 3/203, Saeed). If your uncle wants to work overseas, he should take his wife with him. Otherwise, he should find work in his own country and be content with it.

And Allah knows best.

Mufti Faizal Riza
10/9/2011

This answer was collected from Fatwa.org.au, which is connected to Darul Ifta Australia, based in Melbourne, Australia.
It is operated by Mufti Faizal Riza, a student of Mufti Ebrahim Desai from South Africa.

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