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The
question:
Honorable Cheikh ! can I get married with the woman with
whom I had illegal sexual intercourse? Knowing that she repented to Allah. But
she committed fornication with another man before she repents, and this led to
the loss of her virginity. May Allah reward you with good.
The
answer:
All praise is due to Allah, the Lord of the Worlds. Peace
and blessing be upon whom Allah sent as a mercy to the Worlds, upon his Family,
his Companions and his Brothers till the Day of Resurrection.
It is not permissible to marry a woman with whom we
fornicated save with two conditions:
The first condition: the sincere repentance for each one,
and this, by leaving this sin and the other sins and to regret this sin and all
other previous sins, and to resolve to not do it again in the future in
accordance with Allah's saying:
﴿يَا أَيُّهَا
الَّذِينَ آمَنُوا تُوبُوا إِلَى اللَّهِ تَوْبَةً نَّصُوحاً عَسَى رَبُّكُمْ أَن
يُكَفِّرَ عَنكُمْ سَيِّئَاتِكُمْ وَيُدْخِلَكُمْ جَنَّاتٍ تَجْرِي مِن تَحْتِهَا
الأَنْهَارُ﴾ [التحريم : 8].
The meaning of the verse:
﴾O
you who believe! Turn to Allâh with sincere repentance! It may be that your
Lord will remit from you your sins, and admit you into Gardens under which
rivers flow (Paradise)﴿ [At-Tahrîm (The Prohibition):8]. If they
repent, they are no more called fornicators, as the Prophet said: "The
one who repents from sin is like the one who did not sin",
but if they do not repent, it is forbidden to a believer to marry a
fornicatress and it is forbidden to marry one's daughter to a fornicator. Allah
says:
﴿الزَّانِي لاَ
يَنكِحُ إلاَّ زَانِيَةً أَوْ مُشْرِكَةً وَالزَّانِيَةُ لاَ يَنكِحُهَا إِلاَّ
زَانٍ أَوْ مُشْرِكٌ وَحُرِّمَ ذَلِكَ عَلَى الْمُؤْمِنِينَ﴾ [النور :
3]
﴾The adulterer marries not but an
adulteress or a Mushrikah and the adulteress none marries her except an
adulterer or a Muskrik [and that means that the man who agrees to marry (have a
sexual relation with) a Mushrikah (female polytheist, pagan or idolatress) or a
prostitute, then surely he is either an adulterer, or a Mushrik (polytheist,
pagan or idolater, etc). And the woman who agrees to marry (have a sexual
relation with) a Mushrik (polytheist, pagan or idolater) or an adulterer, then
she is either a prostitute or a Mushrikah (female polytheist, pagan, or
idolatress, etc.)]. Such a thing is forbidden to the believers (of Islamic
Monotheism)﴿ [An-Nûr (The Light): 3].
The second condition: wait one menstrual cycle in order to
ascertain that she is not pregnant before concluding the marriage contract. If
it turns out that she is pregnant, it will be not permissible to conclude the
marriage contract until she gives birth to the baby. Besides, according to the
majority of scholars' opinion, the illegitimate child is not attributed to the
fornicator, contrarily to Ibn Taymiyya –رحمه الله-; in accordance to the Prophet's hadith: "The child goes to the (owner
of the) bed
,
and the fornicator gets nothing but deprivation (lit., stones)".
The perfect knowledge belongs to Allah. Our last prayer
is all praise is due to Allah, the Lord of the Worlds. Peace and blessing be
upon our Prophet , his
Family, his Companions and Brothers till the Day of Resurrection.
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