If a woman has a husband, and had zinat (adultry) outside marriage, and had a baby outside marriage herewith, what is the purnishment on this for the woman? And for this, is the lady automatically divorced?

· 21 Rajab 1428 AH1 min readFatwa 15455English
Marriage & DivorceDivorce (Talaaq)

Question

If a woman has a husband, and had zinat (adultry) outside marriage, and had a baby outside marriage herewith, what is the purnishment on this for the woman? And for this, is the lady automatically divorced?

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

Your question is not clear. It does not specify who committed the adultery, the husband or the wife. From the subsequent statement, it appears that the wife committed the adultery, which is a major sin. In principle, she is a wife and her child would be regarded as born in wedlock. The husband will be regarded as the father of the child. Adultery does not constitute as automatic divorce.

And Allah knows best

Wassalam

Mufti Ebrahim Desai
Darul Iftaa

Answered by
Mufti Ebrahim Desai
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