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Can a married women who committed adultery get married to the person with whom she committed zina, after divorce.

Q:

ASalaam O Alaikum

A Women is married since 3 years and her husband cannot do sex because of his mental health. She gets into an illegal affair and got pregnent and the boy knew 100% this child is not from her Husband so can they get married?  first she needs to get divorce from him then there will be a waiting period 3 months but the  Boy is ok with her and her pregnancy and want to get married as soon as possible. They made a mistake now they regret also they are guilty but their zina will counted even after their marriage also or no.

Kindly reply soon it’s a serious situation here.

Jazak Allah

A:

Waalykum salam
Thank you for your Question

Yes, this will be counted as Zina. And the child will be illegitimate.

Infact, Ruling 2421. If a married woman commits adultery, then based on obligatory precaution she becomes unlawful forever for the adulterous man. However, she does not become unlawful for her husband. And in the event that she does not repent and persists in committing adultery, it is better for her husband to divorce her, although he still has to give her dowry to her.

May Allah help us all
Regards,
N.s.Jaffery