Q: If a husband is continuously involved in zina and is not even guilty of it, does the wife have a right to get separated? If yes, can she file a divorce instead of khula if such a right is given to her in her nikaah agreement? What are the regulations in relation to khula and divorce?
A: Obviously she will be upset with his behaviour. If she feels that she cannot manage this she may request him for a divorce.
And Allah Ta’ala (الله تعالى) knows best.
Answered by:
Mufti Ebrahim Salejee (Isipingo Beach)