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Caught My Husband Cheating: Dealing with the Community’s Demands for Witnesses

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: I found explicit chats on my husband’s phone, him having an affair with a woman, the chats consisted of ‘are we meeting tonight” “thanks for last night” she would say things like “please pay my accounts for me” he would say “send me the details” etc, she sent him pictures of her private parts there was no shame in that, I found out and I exposed him, however I want a talaaq and now the community moulana is saying that I need three witnesses in order to say he was cheating. I have all the chats. They were not discreet in any way, how do I go about this?

Bismillaah

A: The better thing is speak to your husband and ask him to give you a divorce. Since the confidence has broken down, it is pointless remaining in this marriage.

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

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, 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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