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He did intercourse with her thinking its his wife

Fatwa 14947English
Marriage & DivorceMarriage (Nikah)

Question

According to Bahisti Zewar “A person has sexual intercourse with a woman after mistaking her for his wife. He will have to give her mahrul mithl, and this intercourse with her will not be regarded as adultery, nor will there be any sin.” [Pg 393 – point 16] – (Zam Zam publishers)

Could you please present a scenario where it is possible for a man to mistakenly have sexual intercourse with another woman?

Does Shariah prescribe any etiquettes to sexual relationships?

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

We are not in a position to predict mistakes. However, should such a mistake take place, the ruling as explained in Bahishti Zewar will apply.

Yes.

And Allah knows best

Wassalam

Mufti Ebrahim Desai
Darul Iftaa

Answered by
Mufti Ebrahim Desai
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