Adultery is not proven by mere accusations
Fatwa No: 258784

Question

ISSUE - 2 I had found out about my wife illegal relations with the man who she made a vakil, that is my second marriage and her third marriage. I also found few confirmed and alleged affairs with few men during her earlier two marriages too despite of living with her husband’s. Now, I have confirmed deeds about all her illicit relations before my marriage and even after my marriage with the man who she had made a vakil during our marriage, all these heartbreaking truths were reveled to me by her house maid voluntarily. My wife did not have children with her first two marriages. With me she is blessed with 3 children. The first child was girl child and this child died in my wife’s womb in 8th month, doctors have to remove this dead child from womb as it was emergency. I was abroad when this kid died; they buried her before my arrival. My wife’s house maid has revealed to me this child wasn’t mine, the child must have been borne by my wife by the man she had secretly maintained relations even after my marriage with the man who was vakil in marriage. Hence, I want to conduct DNA test of dead child by taking remains of her by exhuming her grave, so that I can confirm that child was mine or not. If I find this child wasn’t mine, I will be matching it with the DNA set of that man who might be the dead kids supposed father. If my wife proves guilty (Allah forbid) I will divorce her. Question NO 1: Am I permissible to do such DNA test in search of truth? Question NO: 2 May I compel my wife to revel all facts about her en number of illicit relations, so that I can find ways for her maghfirat?

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and messenger.

You should know that in principle your wife is innocent of the accusations raised by the maid. It is impermissible for you to think ill of her based on such accusations unless proven to be true by clear evidence. Allaah, The Exalted, says (what means): {O you who have believed, avoid much [negative] assumption…} [Quran 49:12]

If your wife had given birth to this daughter after six months or more after your marriage, then she is to be attributed to you as per the Sharee'ah. ‘Aa’ishah  may  Allaah  be  pleased  with  her reported that the Prophet, sallallaahu ‘alayhi wa sallam, said: “The child is to be attributed to the owner of the bed (the husband).” [Al-Bukhari and Muslim] For further information, please refer to Fataawa 82709, 122944 and 90098.

It should be noted that this maid’s accusations against your wife are considered Qathf (a false accusation of adultery or fornication). Verily, Qathf is a grave major sins in Islam.

On the other hand, it is prohibited to exhume your daughter’s grave by any means. It is prohibited to exhume graves unless there is a legitimate necessity. It is also disliked for the husband to ask his wife about her past (sins). Moreover, it is impermissible for the wife in such a case to inform her husband of her past sins and mistakes as per the Sharee'ah, because she is required to turn to Allaah and repent of those sins and conceal them. Abu Hurayrah  may  Allaah  be  pleased  with  him reported that the Prophet, sallallaahu ‘alayhi wa sallam, said: “All the people of my Ummah are pardoned for their sins except the Mujaahiroon (i.e. a bold sinners who commit sinful acts publicly or announces them shamelessly). Example of this is when a slave (of Allaah) commits a sin at night and Allaah conceals it for him, but he says (to people) in the morning, ‘I committed such and such a sin last night,' removing the screen of Allaah from himself.” [Al-Bukhari and Muslim]

Dear brother, you should consider your wife’s present conduct only. If she is proven righteous and chaste, you are advised to keep her as a wife and live with her in kindness. However, if she is proven otherwise, you should advise her and revive the fear of Allaah within her heart. If she turns back to Allaah in repentance and keeps chaste, keep her as a wife. But if she does not, you are advised to divorce her. For more benefit, please refer to Fatwa 191839.

Allaah Knows best.

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