Does Fornication Cause Automatic Divorce in Islam?

Excerpt from: احکام و مسائل کتاب و سنت کی روشنی میں by Shaykh Mubashir Ahmad Rabbani


❖ Question:​


It is commonly heard that some married young men who travel abroad engage in fornication (zinā). Does such an act of zinā cause a divorce between the man and his wife?


❖ Answer:​


The act of zinā does not cause a divorce between the husband and his wife.


However, it is obligatory upon such individuals to abstain from travels, environments, and associations that lead to zinā. They must fear Allah, remain mindful of His constant watch, and protect their private parts from that which Allah has prohibited.


Allah ﷻ says:


﴿وَلَا تَقْرَبُوا الزِّنَا إِنَّهُ كَانَ فَاحِشَةً وَسَاءَ سَبِيلًا﴾
"And do not even approach fornication. Indeed, it is ever an immorality and an evil path."

📖 [al-Isrā’: 32]


And He also says:


﴿وَالَّذِينَ لَا يَدْعُونَ مَعَ اللَّهِ إِلَٰهًا آخَرَ وَلَا يَقْتُلُونَ النَّفْسَ الَّتِي حَرَّمَ اللَّهُ إِلَّا بِالْحَقِّ وَلَا يَزْنُونَ ۚ وَمَن يَفْعَلْ ذَٰلِكَ يَلْقَ أَثَامًا﴾
﴿يُضَاعَفْ لَهُ الْعَذَابُ يَوْمَ الْقِيَامَةِ وَيَخْلُدْ فِيهِ مُهَانًا ﴾
﴿إِلَّا مَن تَابَ وَآمَنَ وَعَمِلَ عَمَلًا صَالِحًا﴾
"And those who do not invoke any deity besides Allah, nor kill a soul which Allah has forbidden except by right, nor commit fornication. And whoever does that shall meet a penalty. The punishment will be doubled for him on the Day of Resurrection, and he will abide therein humiliated—except for those who repent, believe, and perform righteous deeds."

📖 [al-Furqān: 68–70]


From these two verses of the Qur’an, we learn:


① Approaching zinā or its causes is explicitly forbidden.
② The punishment for shirk, murder without right, and zinā will be doubled on the Day of Judgment, and such a person will remain in punishment.


This is a grave warning, indicating that zinā is a major sin (kabīrah) that leads to Hell. A fornicating person will dwell in Hell permanently, but not in the same way as a polytheist (mushrik).


For a mushrik, the torment is endless and eternal. But for a fornicator or murderer, if they did not believe these acts to be permissible (ḥalāl), then according to Ahl al-Sunnah wa al-Jamāʿah, their stay in Hell will have an end.

❖ Hadith Evidence:​


The Messenger of Allah ﷺ said in an authentic narration:


"لَا يَزْنِي الزَّانِي حِينَ يَزْنِي وَهُوَ مُؤْمِنٌ، وَلَا يَسْرِقُ السَّارِقُ حِينَ يَسْرِقُ وَهُوَ مُؤْمِنٌ، وَلَا يَشْرَبُ الْخَمْرَ حِينَ يَشْرَبُهَا وَهُوَ مُؤْمِنٌ."


"A fornicator does not commit fornication while being a believer, nor does a thief steal while being a believer, nor does a drinker consume alcohol while being a believer."

Reference: Ṣaḥīḥ Muslim, Kitāb al-Īmān, Bāb Bayān Nuqṣān al-Īmān: 57



This ḥadīth shows that:


– During the act of zinā, theft, or drinking alcohol, faith (īmān) is removed from the person.
– This refers to imān kāmil (complete faith), which is obligatory for a believer.
– The absence of Allah’s fear in the heart at such moments allows them to fall into these sins.


❖ Conclusion:​


✔ The person is certainly guilty and sinful due to committing this ḥarām act.
❌ However, the sin of zinā does not automatically cause divorce.
✅ His marriage remains intact unless a separate, clear pronouncement of divorce (ṭalāq) is made.
 
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