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The question

1. What is the Sharia-compliant procedure that must be taken towards a wife caught by her husband in the act of adultery in his house during her waiting period (iddah) after their divorce? 2. Is it permissible for a man to divorce his wife immediately or after some time if he discovers that she is not a virgin on their wedding night, knowing that he cannot bear to continue with her after this discovery?

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

A revocable divorcee is like a wife. If her husband sees her committing adultery, he has three options:

1. He can bring four witnesses against her and refer her case to the ruler for the implementation of the stoning penalty. 2. He can invoke li'an (mutual imprecation) against her, in accordance with the verses of Surat An-Nur. If she then refuses to invoke li'an, the hadd penalty will be applied to her. If she invokes li'an, then they will be separated. 3. He can admonish them and conceal their sin, and not take her back into his custody unless she genuinely repents. In that case, he may marry her after ensuring she is not pregnant.

As for him killing them, there is no sin upon him between him and Allah due to intense jealousy. However, between him and the guardians of the victim's blood, they have the right to demand retribution, unless he brings four witnesses, or the guardians of the blood pardon him, as 'Umar ibn al-Khattab (may Allah be pleased with him) ruled in a similar incident.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
35929
Imported
Translation status
Source text, unreviewed
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