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The question

Does a wife become unlawfully divorced if her husband accuses her of adultery without proof or witnesses?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

A husband accusing his wife of adultery does not invalidate the marriage. However, if the wife demands her legal right, the husband is obligated to do one of two things: either produce four witnesses to the adultery, or perform li'an (oath of condemnation) with his wife. If he fails to do so, he incurs the punishment for slander, which is eighty lashes, and he is deemed fasiq (transgressor) whose testimony is rejected. This is based on the Almighty's saying: "And those who accuse chaste women and then do not produce four witnesses - lash them with eighty lashes and never accept their testimony thereafter. And those are the defiantly disobedient" (Quran 24:4). And His saying: "And those who accuse their wives and have no witnesses except themselves..." (Quran 24:6).

It is incumbent upon the husband to fear Allah and refrain from verbal abuse and slander. If he harbors doubts without clear evidence, he should either keep her honorably or release her honorably. The wife has the right to seek divorce due to harm, or to be patient and pray for his guidance.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
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Ftawy
Original fatwa ID
20688
Imported
Translation status
Source text, unreviewed
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