Adultery with Mother-in-Law and the Ruling on Wife's Prohibition – Islamic Verdict
Source: Fatāwā Muḥammadiyyah, Vol. 1, Pg. 728
What do the scholars and jurists say regarding the following matter:
My husband committed adultery (zinā) with my mother (i.e., his mother-in-law). The local religious clerics issued a fatwa declaring that my marriage is invalid and that I have become prohibited (ḥarām) for my husband.
Subsequently, my husband gave me oral and written divorce. Three months after the divorce, I married another man. After living together for about 2.5 years, he also divorced me. I have a child from this second husband who is now 2.5 years old and lives with me. It has been about 1.25 months since the divorce.
Now, I wish to remarry my first husband. What is the ruling in Islamic law? Kindly issue a Sharʿī fatwa to clarify this.
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh. Ammā baʿd:
In the Qur’ān, Allah has mentioned fifteen categories of women who are forbidden for marriage, in the verse:
﴿حُرِّمَتْ عَلَيْكُمْ أُمَّهَاتُكُمْ وَبَنَاتُكُمْ … وَالْمُحْصَنَاتُ مِنَ النِّسَاءِ إِلَّا مَا مَلَكَتْ أَيْمَانُكُمْ﴾
(Surah al-Nisāʾ: 23–24)
The wife is not mentioned as becoming prohibited in the case of a man committing adultery with her mother (mother-in-law). Rather, after listing all the prohibited relationships, Allah states:
﴿أُحِلَّ لَكُم مَّا وَرَاءَ ذَٰلِكُمْ﴾
“All others are lawful for you (beyond those listed above).”
(Surah al-Nisāʾ: 24)
This verse clearly indicates that committing adultery with one’s mother-in-law does not render the wife unlawful.
This is the position of the majority (jumhūr) of scholars.
The Ḥanafī scholars maintain that the wife becomes unlawful (ḥarām) to the husband if he commits adultery with any of her ascendants (like mother or grandmother) or descendants (like daughter or granddaughter), just as she becomes ḥarām if he had a valid marriage with them.
However, this view contradicts the Qur’ān and authentic Sunnah and is, therefore, not correct.
❖ ʿĀʾishah رضي الله عنها reported:
"A man was asked about committing ḥarām acts with a woman—can he then marry her daughter? Or if with a daughter—can he marry her mother?"
The Prophet ﷺ replied:
"Lā yuḥarrimu al-ḥarāmu al-ḥalāl, innamā yuḥarrimu mā kāna bi-nikāḥin ḥalāl."
“The ḥarām does not make the ḥalāl unlawful. What makes it unlawful is that which is through a valid marriage.”
(Al-Sunan al-Kubrā by al-Bayhaqī, Vol. 7, Pg. 169; Fatḥ al-Bārī, Vol. 9, Pg. 191)
—
❖ ʿAbdullāh ibn ʿUmar رضي الله عنهما narrated:
"Al-ḥarām does not make the ḥalāl unlawful."
(Sunan Ibn Mājah, Vol. 1, Pg. 146; Fatḥ al-Bārī, Vol. 9, Pg. 194)
—
❖ Ibn ʿAbbās رضي الله عنهما said:
Regarding a man who committed adultery with his wife’s mother (his mother-in-law), he stated:
"He has violated two sacred boundaries, but his wife does not become ḥarām for him."
(Al-Sunan al-Kubrā, Vol. 7, Pg. 168)
Ḥāfiẓ Ibn Ḥajar al-ʿAsqalānī said:
“The chain is authentic.”
(Fatḥ al-Bārī, Vol. 9, Pg. 134)
❖ Shaykh Muḥammad Ṣābiq al-Miṣrī wrote:
Allah only made unlawful the relationships arising from valid marriage (nikāḥ), not those from adultery (zināʾ).
(Fiqh al-Sunnah, Vol. 2, Pg. 65)
❖ Ḥāfiẓ Ibn Ḥajar wrote:
The majority of scholars agree that zināʾ does not establish taḥrīm through in-law relations, because marriage is a contract, and mere intercourse (whether lawful or unlawful) does not constitute it. Zināʾ does not entail mahr, ʿiddah, or inheritance.
(Fatḥ al-Bārī, Vol. 9, Pg. 195)
① Adultery with the mother-in-law does not make the wife ḥarām.
② The marriage was only dissolved due to divorce, not because of adultery.
③ The fatwa declaring the wife unlawful due to adultery is invalid.
④ Therefore, the couple could have remained married, and the fatwa issued earlier was incorrect.
You were divorced by your second husband. According to the question, only about 1.25 months have passed, meaning your ʿiddah is not yet complete.
“And the divorced women shall wait for three menstrual cycles...”
(Surah al-Baqarah: 228)
“And for those who are pregnant, their term is until they deliver.”
(Surah al-Ṭalāq: 4)
So, you cannot remarry your first husband until the ʿiddah is completed—either three menstrual cycles (if not pregnant), or childbirth (if pregnant).
❶ Committing adultery with one's mother-in-law does not make the wife unlawful.
❷ The previous marriage ended due to divorce, not adultery.
❸ After the second husband’s divorce, you must complete the ʿiddah.
❹ Once the ʿiddah is over, you may remarry your first husband.
❺ The Ḥanafī view declaring the wife ḥarām due to adultery is weak and not binding.
وَاللهُ أَعْلَمُ بِالصَّوَابِ
Source: Fatāwā Muḥammadiyyah, Vol. 1, Pg. 728❖ Question:
What do the scholars and jurists say regarding the following matter:
My husband committed adultery (zinā) with my mother (i.e., his mother-in-law). The local religious clerics issued a fatwa declaring that my marriage is invalid and that I have become prohibited (ḥarām) for my husband.
Subsequently, my husband gave me oral and written divorce. Three months after the divorce, I married another man. After living together for about 2.5 years, he also divorced me. I have a child from this second husband who is now 2.5 years old and lives with me. It has been about 1.25 months since the divorce.
Now, I wish to remarry my first husband. What is the ruling in Islamic law? Kindly issue a Sharʿī fatwa to clarify this.
❖ Answer:
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh. Ammā baʿd:
❖ Issue of Adultery and Prohibition Due to In-Law Relations (
In the Qur’ān, Allah has mentioned fifteen categories of women who are forbidden for marriage, in the verse:
﴿حُرِّمَتْ عَلَيْكُمْ أُمَّهَاتُكُمْ وَبَنَاتُكُمْ … وَالْمُحْصَنَاتُ مِنَ النِّسَاءِ إِلَّا مَا مَلَكَتْ أَيْمَانُكُمْ﴾
(Surah al-Nisāʾ: 23–24)The wife is not mentioned as becoming prohibited in the case of a man committing adultery with her mother (mother-in-law). Rather, after listing all the prohibited relationships, Allah states:
﴿أُحِلَّ لَكُم مَّا وَرَاءَ ذَٰلِكُمْ﴾
“All others are lawful for you (beyond those listed above).”
(Surah al-Nisāʾ: 24)This verse clearly indicates that committing adultery with one’s mother-in-law does not render the wife unlawful.
This is the position of the majority (jumhūr) of scholars.
❖ Position of the Ḥanafī School
The Ḥanafī scholars maintain that the wife becomes unlawful (ḥarām) to the husband if he commits adultery with any of her ascendants (like mother or grandmother) or descendants (like daughter or granddaughter), just as she becomes ḥarām if he had a valid marriage with them.
However, this view contradicts the Qur’ān and authentic Sunnah and is, therefore, not correct.
❖ Evidences from Authentic Hadith
❖ ʿĀʾishah رضي الله عنها reported:
"A man was asked about committing ḥarām acts with a woman—can he then marry her daughter? Or if with a daughter—can he marry her mother?"
The Prophet ﷺ replied:
"Lā yuḥarrimu al-ḥarāmu al-ḥalāl, innamā yuḥarrimu mā kāna bi-nikāḥin ḥalāl."
“The ḥarām does not make the ḥalāl unlawful. What makes it unlawful is that which is through a valid marriage.”
(Al-Sunan al-Kubrā by al-Bayhaqī, Vol. 7, Pg. 169; Fatḥ al-Bārī, Vol. 9, Pg. 191)—
❖ ʿAbdullāh ibn ʿUmar رضي الله عنهما narrated:
"Al-ḥarām does not make the ḥalāl unlawful."
(Sunan Ibn Mājah, Vol. 1, Pg. 146; Fatḥ al-Bārī, Vol. 9, Pg. 194)—
❖ Ibn ʿAbbās رضي الله عنهما said:
Regarding a man who committed adultery with his wife’s mother (his mother-in-law), he stated:
"He has violated two sacred boundaries, but his wife does not become ḥarām for him."
(Al-Sunan al-Kubrā, Vol. 7, Pg. 168)Ḥāfiẓ Ibn Ḥajar al-ʿAsqalānī said:
“The chain is authentic.”
(Fatḥ al-Bārī, Vol. 9, Pg. 134)❖ Views of the Scholars
❖ Shaykh Muḥammad Ṣābiq al-Miṣrī wrote:
Allah only made unlawful the relationships arising from valid marriage (nikāḥ), not those from adultery (zināʾ).
(Fiqh al-Sunnah, Vol. 2, Pg. 65)❖ Ḥāfiẓ Ibn Ḥajar wrote:
The majority of scholars agree that zināʾ does not establish taḥrīm through in-law relations, because marriage is a contract, and mere intercourse (whether lawful or unlawful) does not constitute it. Zināʾ does not entail mahr, ʿiddah, or inheritance.
(Fatḥ al-Bārī, Vol. 9, Pg. 195)
Final Ruling Based on Evidence:
① Adultery with the mother-in-law does not make the wife ḥarām.
② The marriage was only dissolved due to divorce, not because of adultery.
③ The fatwa declaring the wife unlawful due to adultery is invalid.
④ Therefore, the couple could have remained married, and the fatwa issued earlier was incorrect.
❖ Current Situation and ʿIddah:
You were divorced by your second husband. According to the question, only about 1.25 months have passed, meaning your ʿiddah is not yet complete.
ʿIddah for a non-pregnant divorced woman:
“And the divorced women shall wait for three menstrual cycles...”
(Surah al-Baqarah: 228)ʿIddah for a pregnant woman:
“And for those who are pregnant, their term is until they deliver.”
(Surah al-Ṭalāq: 4)So, you cannot remarry your first husband until the ʿiddah is completed—either three menstrual cycles (if not pregnant), or childbirth (if pregnant).
Summary of the Verdict:
❶ Committing adultery with one's mother-in-law does not make the wife unlawful.
❷ The previous marriage ended due to divorce, not adultery.
❸ After the second husband’s divorce, you must complete the ʿiddah.
❹ Once the ʿiddah is over, you may remarry your first husband.
❺ The Ḥanafī view declaring the wife ḥarām due to adultery is weak and not binding.
وَاللهُ أَعْلَمُ بِالصَّوَابِ
