Fatwa: # 24629
Category: Divorce (Talaaq)
Country: United Kingdom
Date: 22nd March 2019

Title

Sinful of zinaa if the couple is unaware that divorce took place

Question

Asalaamu Aalaikum.

If the divorce has taken place due to the man pronouncing 3 Talaq's in total and if the couple were unaware that their statements constituted divorce and later realised that it indeed had resulted in the marriage being dissolved, would any intimate relations during the time they were unaware of divorce constitute zina? or would the fact that they did not seek the knowledge count against them and result in them having committed the sin.

Jazakallahu Khaiyran 

Answer

In the Name of Allaah, the Most Gracious, the Most Merciful.

As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

You state that the man pronounced three talaaqs but was not aware that his statements would constitute talaaq

Ignorance is not an excuse. A person should pursue enough knowledge to assist him in his daily life. Aside from that, a person ought to refer to the ‘Ulamaa for assistance in matters of Deen. Nevertheless, a person will be sinful for remaining in that relationship and also for engaging in intimacy after the termination of the marriage. Both, ex-husband and ex-wife should turn to Allaah Ta’aala with tawbah and istighfaar. Allaah is Most-Merciful Oft-Forgiving.

 

And Allaah Ta’aala Knows Best.

Muajul I. Chowdhury

Student, Darul Iftaa

Astoria, New York, USA

 

Checked and Approved by,

Mufti Ebrahim Desai.

 

 

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