Husband having an affair with his wife’s niece

Answered according to Hanafi Fiqh by

Q: My husband, 36, has been having an affair with my niece, 20, for the past few years. Everytime I confronted him he denied it and twists it around like I’m crazy and insecure. However yesterday I caught them redhanded in each others arms kissing, etc. What is the position of my nikah with him? We have 2 sons aged 16 & 14 and a daughter 11. My concern is custody of my children, should I choose to divorce. Please advice me of the way forward.


A: If he is interested in your niece then ask him to divorce you and let him marry her. If divorce takes place the sons can choose to be with whichever parent they wish and the daughter will remain by the father until she is married.

And Allah Ta’ala (الله تعالى) knows best.


Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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