Assalamualaikum Warahmatullah
A man and women, both belonging to noble Islamic families were married together. It has been almost 14 years since they got married and have two daughters age 9 and 12. The husband is extremely caring, loving and pious person and is very courteous. Their family members recently found out that the two had been having some issues for past few years as a result of which the wife wants to end this marriage. The woman says that she has never been happy with this marriage, there are physical shortcomings due to which he had never been able to fulfill the needs of a proper marital relation. Due to this issue, she wanted to get separation. In the meantime, this woman started established a relationship with another man, and their affair has been going on for past few years, while her husband had been out of the country. This man is single, is willing to marry this woman and is ready to adopt her two daughters legally as well. According to our knowledge, the woman can demand for a divorce or Khula‘ due to the husband’s physical shortcomings, but the real question is whether Islam permits this woman after the divorce / Khula‘ and the completion of the period of ‘iddah, to marry this man who she had been having relations with while she was still married? It seems as if she had already made up her mind for this marriage but she has made the physical issue a basis for demanding the divorce. Please guide us regarding this issue.
Walaikumassalam Warahmatullahi Wabarakatuhu
الجواب وباللہ التوفیق
This is an act of utmost shamelessness, immorality and audacity that the woman cheated on her husband and establish such heinous relations with someone other than her husband, in his absence. If she was approaching a point where she had a fear of falling in the trap of sin, she should have contacted her husband instead of contacting someone else. Similarly, the husband should not have left his wife alone for such a long period that she would be tempted towards the trap of sins. It is incumbent and mandatory upon this woman to sever all ties with this man immediately, perform firm repentance and astaghfar and make firm intention of never engaging in such an abominable act ever again.
As far as ending the Nikah due to issues, pertaining to the physical relations is concerned, your knowledge in this regard is inaccurate, since there are children from the husband, and not one but two, then it is clear and evident that there is no meaning of such an objection on him. In addition, just by making a verbal statement like that and making up one’s mind to end the Nikah, is a decision full of foolishness, temporary youth and the effect of those heinous relations out of the marriage. Even if there is merit to a claim like that, there are rules and regulations to deal with such a situation. Even if the woman’s claims are substantiated, the Nikah cannot be ended just like that. The man is given the time to get medical treatment etc. and if that does not result in any betterment, then the next steps are taken.
As far as performing Nikah with another man who a woman had marital relations even before performing Nikah, after completing the period of ‘iddah which was a result of a Talaq or Khula‘, it is permissible to perform such Nikah. However, this act will be full of shamelessness that the woman will leave her husband of so many years after cheating on him with someone else. If this woman is thinking that leading a life with the kids just because the new man is going to adopt them will become easy is daydreaming. Just by adoption, a guarantee for a bright future is not established, instead there are issues which arise later and the realization comes at that point when it is too late.
In our recommendation, it is not suitable at all to take this action at this point. If the claims you are making do have any merit at all then we recommend that you get in contact with a Darul-Qadha in your locality to get satisfaction in this issue.
فقط واللہ اعلم بالصواب