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Fatwa CenterHusband and Wife Committed Adultery But Want To Stay Married
Question
I have a question from a sister that she had a sexual relationship with another man and her husband had a sexual relationship with another women before, so now they are good in their family relationship and the women wants to have a baby but the man think that she is not anymore his wife according to Islam. They live together and they want to live together and have kids, first of all, are they still married even though they had an affaire from each side? Now they are in good relationship, so it is ok that they have a normal life as husband and wife as before? Please tell us details and help them to solve the problem as soon as possible.
Answer
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad 
is His slave and Messenger.
It is well established in the Sharee’ah that Zina (fornication or adultery –but in this case it is adultery since they are married) is a great sin and it is among the major sins. Allah Says (what means): {And do not approach unlawful sexual intercourse. Indeed, it is ever an immorality and is evil as a way.} [Quran 17: 32]
So, anybody who commits such an evil act should repent from it.
The answer to your question depends on one of three situations:
First, if the couple got married after having (both) repented from Zina, in this case the marriage is valid.
Second, if the marriage act was concluded before any of the parties repented from Zina, then the marriage is invalid according to the majority of scholars. So, the husband has to divorce her and there is no objection to him marrying her again with a new contract if they both repent from this sin.
Third, if Zina happened after the marriage contract was established, then this has no effect on the continuity of conjugal life. But the husband must not have sex with her until she has menses (one monthly period) or gives birth if she got pregnant from that Zina.
Allah knows best.
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