A man and a woman repented from an unlawful sexual relationship, but
they continued to kiss and embrace, but without a sexual relationship,
then they got married after that. Is this marriage permissible?.
Praise be to Allaah.
Firstly:
A relationship between a man and a woman outside of marriage, which is
what is called an unlawful relationship, is haraam, regardless of the
level of this relationship and whether it goes as far as an intimate
relationship or zina (sexual relationship), which is the most
reprehensible and abhorrent type of sins and one of the gravest of
major sins that poses the greatest danger to the individual's
religious commitment and faith, or it is less than that, such as
looking, touching or kissing. All of that is haraam and these are
types of zina in the general sense, and are things that lead to the
greater immoral action.
See the answers to questions no. 27259, 23349and 9465.
Secondly:
If marriage takes place after a haraam relationship between a man and
woman, then one of the following scenarios must apply:
1.
Either that marriage comes after an illegitimate sexual relationship,
in which case the marriage is not valid except on the condition that
both the man and woman repent from zina and it be established that the
woman is not pregnant as a result of the haraam relationship, because
Allah, may He be exalted, says (interpretation of the meaning):"The
adulterer/fornicator marries not but an adulteress/fornicatress or a
Mushrikah; and the adulteress/fornicatress, none marries her except an
adulterer/fornicater or a Mushrik [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/fornicator, or a Mushrik (polytheist, pagan or
idolater). And the woman who agrees to marry (have a sexual relation
with) a Mushrik (polytheist, pagan or idolater) or an
adulterer/fornicator, then she is either a prostitute or a Mushrikah
(female polytheist, pagan, or idolatress)]. Such a thing is forbidden
to the believers (of Islâmic Monotheism)" [al-Noor 24:3].
For more information please see the answer to questions no. 85335and 11195.
2.
That marriage comes after a haraam relationship, but the relationship
did not go as far as zina, such as kissing, touching and other haraam
actions that are less serious than zina. In this case the marriage is
valid, because it cannot be said of those who fell into this haraam
relationship that they committed zina.
And Allah knows best.
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