In a deeply distressing marital dilemma that has drawn the attention of prominent Islamic legal circles, a Muslim man following the Hanafi school of jurisprudence has sought formal religious counsel regarding his wife’s infidelity and her declaration of intent to continue transgressing. The inquiry, addressed by distinguished Islamic scholar and SeekersGuidance founder Shaykh Faraz Rabbani, highlights the heavy emotional and spiritual burden faced by spouses navigating marital betrayal while striving to uphold religious obligations and safeguard their children.
The husband, whose identity remains confidential, explained that his wife committed zina (unlawful sexual intercourse) once and has since stated calmly that she intends to continue doing so in secret. Faced with this disclosure, the husband decided to suspend intimacy and provide only her basic living necessities, choosing to remain in the marriage primarily for the sake of their young child. He posed a critical question to the scholar: Can he keep her in the marriage for the sake of their child, or does Islamic law mandate divorce under these circumstances?
Responding with profound empathy, Shaykh Faraz acknowledged the severe psychological weight of the situation, noting that hearing such a declaration from a spouse is a wound few individuals could endure. He commended the husband for prioritizing spiritual guidance and the well-being of his child above immediate reactionary measures.
Divorce Isn’t an Obligation but a Considered Choice Here
Addressing the legal ruling within the Hanafi school, Shaykh Faraz clarified that divorcing an unchaste spouse is not strictly obligatory for a husband, provided that both parties can maintain the limits prescribed by Islamic law. However, if staying together leads to ongoing transgression or a failure to uphold those boundaries, separation becomes permissible.
The scholar referenced the authoritative legal writings of the renowned Cairene Hanafi jurist, Najm al-Din Ibn Nujaym, in his seminal work al-Bahr al-Ra’iq. Ibn Nujaym recorded that it is not obligatory on a husband to divorce an unchaste wife unless the couple fears they will not keep within the limits of Allah, in which case separating carries no blame.
Shaykh Faraz emphasized that the choice to continue the marriage or dissolve it rests entirely with the husband. He advised the inquirer to weigh the situation carefully, consult individuals of wisdom and trust, and turn to Allah through the traditional prayer of seeking guidance, known as salat al-istikhara, before making a final determination.
The Prophetic Approach and Historical Precedents
To provide historical and spiritual context, Shaykh Faraz drew upon established Hadith literature concerning similar marital trials during the time of the Prophet Muhammad (peace and blessings be upon him). He recounted an incident where a man came to the Prophet and stated that his wife did not refuse any seeking hand. The Prophet initially advised the man to send her away. When the man expressed fear that his heart would follow her and that he would fall into unlawful behavior, the Prophet permitted him to stay with her and enjoy her company.
Elaborating on this narration, the subcontinent scholar Mawlana Khalil Ahmad Saharanpuri, in his comprehensive commentary Badhl al-Majhud, explained that the Prophet permitted the man to remain in the marriage because forcing a divorce upon someone whose heart remains deeply attached to their spouse could inadvertently lead them toward major sins. This precedent illustrates that Islamic law accommodates human vulnerability and seeks to prevent greater moral harms when individuals find themselves in extraordinary distress.
The Prohibition of Approving or Overlooking Transgression
While Islamic jurisprudence permits a husband the discretion to remain in such a marriage under specific circumstances, Shaykh Faraz stressed that one boundary remains absolute: a spouse is prohibited from consenting to ongoing illicit behavior or willfully turning a blind eye to it.
The scholar cited prophetic traditions warning against dayyuth—defined by classical Hanafi jurist Ibn Abidin in Radd al-Muhtar as a person who feels no protective jealousy or moral responsibility over his wife or close female relatives. The Prophet Muhammad explicitly named the dayyuth among three individuals whom Allah will not look at with mercy on the Day of Judgment. Furthermore, Shaykh Faraz referenced Quranic injunctions emphasizing the duty of believers to protect themselves and their families from moral and spiritual ruin.
Consequently, a husband in this position is obligated to command the good and forbid the wrong with clarity, upholding moral standards while exercising mercy and restraint. He must communicate clearly that the behavior is forbidden and unacceptable, while taking reasonable steps to maintain order and virtue within the household.
Weighing the Impact on Children and Seeking Wise Counsel
The desire to preserve a family unit for the sake of a child is recognized as an honorable and understandable aspiration. However, Shaykh Faraz cautioned that maintaining a marriage devoid of intimacy while one partner persists in violating marital trust raises significant questions about the long-term emotional and spiritual sustainability of the arrangement.
Because the decision carries profound consequences for both worldly life and the hereafter, the scholar strongly discouraged making a choice in isolation. He reiterated the importance of scheduling a confidential consultation with a qualified, knowledgeable local scholar who can review the complete context of the situation.
Concluding his counsel, Shaykh Faraz encouraged the husband to continue performing the prayer of guidance and to persistently supplicate using the Quranic prayer found in Surah al-Furqan: "Our Lord, give us from our wives and successive generations of offspring a pure joy to set eyes upon for their righteousness."
Background on Shaykh Faraz Rabbani
Shaykh Faraz Rabbani is a widely recognized authority in Islamic scholarship, having dedicated a decade to studying under renowned traditional authorities in Damascus and Amman, Jordan. Among his prominent teachers were the late Shaykh Adib al-Kallas, a leading theologian of his era, and Shaykh Hassan al-Hindi, a preeminent Hanafi jurist.
In 2007, Shaykh Faraz returned to Canada and founded SeekersGuidance, an educational organization dedicated to providing reliable, accessible, and authentic Islamic knowledge through online and physical platforms. An accomplished author, his notable works include Absolute Essentials of Islam: Faith, Prayer, and the Path of Salvation According to the Hanafi School. Since 2011, he has been continuously listed among the 500 most influential Muslims globally by the Royal Islamic Strategic Studies Center, reflecting his extensive contributions to contemporary Islamic discourse and community guidance.