Praise be to Allaah.
Zina is a major sin, great calamity and the worst of conduct,
and its consequences in this world, in the Hereafter and in the grave are
Allah says (interpretation of the meaning):
“Made lawful to you
this day are At‑Tayyibaat [all kinds of Halaal (lawful) foods, which Allaah
has made lawful (meat of slaughtered eatable animals, milk products, fats,
vegetables and fruits)]. The food (slaughtered cattle, eatable animals) of
the people of the Scripture (Jews and Christians) is lawful to you and yours
is lawful to them. (Lawful to you in marriage) are chaste women from the
believers and chaste women from those who were given the Scripture (Jews and
Christians) before your time when you have given their due Mahr
(bridal-money given by the husband to his wife at the time of marriage),
desiring chastity (i.e. taking them in legal wedlock) not committing illegal
sexual intercourse, nor taking them as girlfriends. And whosoever
disbelieves in Faith, [i.e. in the Oneness of Allaah and in all the other
Articles of Faith i.e. His (Allaah’s) Angels, His Holy Books, His
Messengers, the Day of Resurrection and Al‑Qadar (Divine Preordainments)],
then fruitless is his work; and in the Hereafter he will be among the losers”
Ibn Katheer (may Allah have mercy on him) said:
Just as it is stipulated that women be chaste -- which means
refraining from zina -- it is also stipulated for men; a man should also be
chaste. Hence Allah says “not
committing illegal sexual intercourse”, referring to adulterers
and fornicators who do not refrain from committing any sin and do not
control themselves. “nor taking them
as girlfriends” means: limiting himself to one woman or mistress.
Tafseer Ibn Katheer, 3/43
Shaykh al-Islam [Ibn Taymiyah] (may Allah have mercy on him)
If a woman's husband commits zina with another woman, and
does not distinguish between halaal and haraam, his intimacy with that woman
is the same as the intimacy of the zaani with a woman with whom he is
committing zina, even if no one else is intimate with her, because one of
the forms of zina is taking a girlfriend or mistress.
End quote. Majmoo‘ al-Fataawa, 32/145
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) was
A woman saw her husband committing zina -- Allah forbid. What
should she do?
She should advise him, especially if that was the first time
and she has children from him. But if he persists in doing that then she
should seek an annulment of the marriage. However, in general, she should
weigh up the pros and cons and decide on that basis. End quote.
Thamaraat al-Tadween min Masaa’il Ibn ‘Uthaymeen,
See also the answer to question no.
The wife does not have the right to ask her husband to use
condoms during marital relations, unless there is a reason for doing that.
The fact that he has married another woman in a legitimate shar‘i marriage
does not make it permissible for her to do that, unless it is clear that the
husband himself has a disease, such as AIDS and the like, which could be
transmitted to her through sex, or it becomes clear that the other wife has
a disease of this type, or the husband was in a haraam relationship outside
of marriage. In that case she has the right to ask him to use condoms, so as
to ward off the harm that is thought to exist in him, until it becomes clear
that he is free of that. If it becomes clear that he is healthy and there is
no obvious source of danger of transmitting disease through him, then she no
longer has the right to ask him to do that. If it becomes clear that he does
have a disease which could harm her or be transmitted to her, then she has
the right to ask him to carry on using it; indeed, in that case she has the
right to ask him to annul the marriage, if his sickness poses a danger to
her and it is something that it is difficult to treat or avoid, such as AIDS
and the like.
See: al-Ahkaam al-Shara‘iyyah al-Muta‘alliqah bi Marda
al-AIDS, by Dr. ‘Umar Sulaymaan al-Ashqar, in Diraasaat Fiqhiyyah fi
Qadaaya Tibbiyyah (1/25 ff).
And Allah knows best.