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The question

What is the validity of the fatwa which states: "If a man commits adultery with a married woman, or a woman in her revocable (raj'iyyah) waiting period (iddah), she becomes permanently forbidden to him, based on obligatory precaution. However, if he commits adultery with a woman in her non-revocable (ghair raj'iyyah) waiting period, the adultery does not lead to her being permanently forbidden to him, so he can marry her after the expiration of her iddah"? If it is valid, is the girl with whom the man committed adultery, and who was already contractually married (aqd qiran) but not yet consummated, forbidden to the man who committed adultery with her, given that her father announced to the husband's family the annulment of the contract before the adultery, and the husband's family did not respond to the announcement, and the husband did not utter a divorce? And is the contract considered annulled in this case or not? And is her marriage to him forbidden if the contract was not annulled? And is the contract initially valid if the husband does not pray and drinks alcohol?

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

There is no evidence to suggest that a woman who commits adultery is permanently forbidden to her adulterer, regardless of whether she is married or in her 'iddah (waiting period). This is explicitly stated by the Malikis, while the majority of scholars hold a different view.

Neither the wife nor her guardian can annul the marriage unless there is a legitimate Sharia reason brought before a judge. It is not permissible to seek annulment for the purpose of marrying another man. If the husband does not divorce her or the judge does not annul the marriage, the wife remains under her husband's marital bond.

Adultery committed by a married woman does not affect her marital bond. If her husband divorces her, there is no impediment for the adulterer to marry her after their repentance and the expiry of her 'iddah.

Scholars differ on the ruling concerning one who abandons prayer due to laziness. The majority do not consider such a person a disbeliever, while some do. According to the view of the majority, his marriage is valid, but it is not advisable to marry him due to his lack of satisfaction in his religion and character.

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Original fatwa ID
114886
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