Fatwa No : 89916
Does a wife’s commission of adultery automatically terminate the marriage?

Does a wife’s commission of adultery automatically terminate the marriage?

Assalamu Alaikum wa Rahmatullah! If a woman’s husband and his family force her to commit adultery (unlawful sexual intercourse), and send her to a center or place where she is made to commit adultery professionally (i.e., prostitution) in exchange for money, and due to her ignorance, rural background, helplessness, or compulsion she complies, then:
1. Does her existing marriage automatically become annulled (dissolved) due to such compulsion and circumstances?
2. Is it permissible for her to escape from there and contract a second marriage without obtaining a divorce (i.e., without legal or Shariʿah separation from the existing marriage)?

الجوابُ حامِدا ًو مُصلیِّا ً

In the given case, the mentioned act is extremely reprehensible, impermissible, and unlawful, and is based on dayyuthiyyat (shameless facilitation of immorality). It is also not permissible for the woman to obey her husband or in-laws in committing sinful acts. By doing so, she herself also becomes sinful. It is obligatory upon her to immediately abandon this immoral practice, repent sincerely with remorse over her past mistakes, and completely refrain from such actions in the future. However, despite this, the woman’s marriage to her husband does not automatically terminate due to the commission of this act. Rather, in order to free herself from such a dayyuth person, it is necessary and obligatory for her to have the marriage terminated through lawful Shariʿah or legal means. Without formally dissolving this marriage, contracting another marriage elsewhere will not be permissible according to Shariʿah.

مأخَذُ الفَتوی

کما في رد المحتار تحت: (قوله: فما في الوهبانية إلخ)تفریع علی قوله (إلی قوله) قال في البحر: لو تزوج بامرأة الغير عالما بذلك ودخل بها لا تجب العدة عليها حتى لا يحرم على الزوج وطؤها وبه يفتى لأنه زنى والمزني بها لا تحرم على زوجها اھ(فصل فی المحرمات،ج:3،ص:50،ط:سعید)