Category: Divorce (Talaaq)
Fatwa#: 39056
Asked Country: India

Answered Date: Aug 31,2017

Title: My wife has cheated on me!

Question

Thanks for answering my question. May Allah reward you for helping me. 

 

Refer to http://www.askimam.org/public/question_detail/38841

 

I had tried to enquire about her before marriage and I did get to know that she has had an affair in the past. When I questioned her about it she told me dozens of lies.

She said that it was a long distance relationship through Facebook and that they were hardly able to meet each other, that they only met few times in Srinagar.

 

She also said that she gave up the idea of marrying him because her parents objected to it and that they rejected the nikkah proposal that the boy's parents had sent.

 

It is not that I didn't enquire, but that these things remained hidden. Moreover I have never seen a person so adept at telling lies as she. And this habit she hasn't given up as yet.

There is no doubt that she decieved me.

 

You give your decision on the assumption that what I've said is true. And Allah knows that it is true.

 

My question is , 

if I divorce her will it be sinful because my child may get affected.

 

Can I claim any part of the Mehr I've given her.

Answer

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

As-salaamu `alaykum wa-ramatullahi wa-barakatuh.

You state you heard your wife had an affair before marring you. She even stated that she met the boy in Srinagar few times.

In such a situation, you should have exercised precaution before committing to marriage.

Now the issue is not about being sinful if you divorce her. It is about the upbringing of your child. You should consider that angle before you make a decision. You cannot afford making another mistake.

We advise you exercise precaution and make Istikhara before making a decision.

It is not permissible for you to claim back any amount of mahr from your wife. [i]

And Allah Ta`ala Knows Best.

Hussein Muhammad.

Student Darul Iftaa

 Tanzania

Checked and Approved by:

Mufti Ebrahim Desai.



[i]

فتاوى قاضيخان (1/ 195)

 

المهر يتأكد بثلاث بالوطء وموت احد الزوجين وبالخلوة الصحيحة

 

 

الفتاوى الهندية (7/ 148)

 وَالْمَهْرُ يَتَأَكَّدُ بِأَحَدِ مَعَانٍ ثَلَاثَةٍ : الدُّخُولُ ، وَالْخَلْوَةُ الصَّحِيحَةُ ، وَمَوْتُ أَحَدِ الزَّوْجَيْن

 

الهداية في شرح بداية المبتدي (1/ 200)

وإذا خلا الرجل بامرأته وليس هناك مانع من الوطء ثم طلقها فلها كمال المهر

 

Fataawa Haqaaniya, Vol 4, Pg 355

 

 

 

 

 

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