Does adultery committed by a wife or husband dissolve the marriage contract?

Primary text

The marriage contract is not dissolved if the wife commits adultery or if the husband commits adultery. This ruling applies whether the act occurred before consummation or after. This is the position held by the general body of scholars, including Mujahid, 'Ata', al-Nakha'i, al-Thawri, al-Shafi'i, Ishaq, and the proponents of Ray (Ahl al-Ra'y). The evidence for the opposing view, which suggests separation, relies on the ruling that if the husband accuses his wife of adultery and performs the Mula'ana (mutual imprecation), the separation occurs due to the verification of adultery. However, the primary argument maintains that a mere accusation of adultery does not dissolve the marriage; otherwise, it would dissolve upon mere accusation, similar to issues of fosterage. Furthermore, adultery is a sin that does not lead one out of Islam, thus it resembles theft in this regard. Mula'ana mandates separation even without proven adultery, as shown when the wife counters the imprecation, meaning her adultery is not established, yet separation occurs. The Prophet, peace be upon him, mandated the prescribed punishment (Hadd) for the accuser (Qadhif), and separation (Faskh) takes place.