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Tuesday, March 25, 2014

Dought & clear, - ** Is it permissible forone who has committed zina (fornication or adultery) to get married after he or she has repented?













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** I am a muslim that converted about three years ago. I am still learning and I have a question. I have been told that if I had sex after I converted I would not be able to islamically get married under the ways of islam. I wanted to know if this is true and if it is, is there any way to correct the deed that I am so very sorry for.
Praise be to Allaah.
The one who has committed zina (fornication or adultery) has to repent, because zina is one of the major sins which are forbidden in Islam and for which a stern warning is issued to the one who does them. Allaah says (interpretation of the meaning):
“And those who invoke not any other ilaah (god) along with Allaah, nor kill such person as Allaah has forbidden, except for just cause, nor commit illegal sexual intercourseand whoever does this shall receive the punishment.
The torment will be doubled to him on the Day of Resurrection, and he will abide therein in disgrace”
[al-Furqaan 25:68-69]
The punishment must be carried out in this world on the one who has committed zina (fornication or adultery), as Allaah says (interpretation of the meaning):
“The fornicatress and the fornicator, flog each of them with a hundred stripes. Let not pity withhold you in their case, in a punishment prescribed by Allaah, if you believe in Allaah and the Last Day. And let a party of the believers witness their punishment”
[al-Noor 24:2]
It was narrated in a hadeeth from the Prophet (peace and blessings of Allaah be upon him): “Receive (teaching) from me, receive (teaching) from me. Allaah has ordained a way for those (women). When an unmarried male commits adultery with an unmarried female, (they should receive) one hundred lashes and banishment for one year. And in the case of a married male committing adultery with a married female, they shall receive one hundred lashes and be stoned to death.”
(Narrated by Muslim,al-Hudood, 3199).
Allaah has forbidden the believers to marry a person who commits zina, whether man or woman. Allaah 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 Islamic Monotheism)”
[al-Noor 24:3]
If the one who has committed zina repents to Allaah, truly and sincerely, then Allaah will forgive him or her, and overlook the sin. Allaah says, after mentioning the warning to those who commit zina:
“Except those who repent and believe (in Islamic Monotheism), and do righteous deeds; for those, Allaah will change their sins into good deeds, and Allaah is Oft Forgiving, Most Merciful.
And whosoever repents and does righteous good deeds; then verily, he repents towards Allaah with true repentance”
[al-Furqaan 25:70-71 – interpretation of the meaning]
If the person repents sincerely, then it becomes permissible for him or her to get married, after they give up this sin.
Shaykh Muhammad ibn Ibraaheem was asked about the ruling on getting married to a woman who has committed zina. He said: “it is not permissible to marry the woman who has committed adultery until she repents… if a man wants to marry her, he has to be sure that she is not pregnant, by waiting until she has a period before he does the marriage contract with her. If she is pregnant, then it is not permissible for him to marry her until she has given birth.”
Seeal-Fataawa al-Jaami’ah li’l-Mar’ah al-Muslimah, 2/584









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Dought & clear, - His parentsadmitted to him that he was conceived in zinaa. Whose name should he take?













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My parents conceived me from zina.Whose name do I take and who are my people?
Jazakallah khairyn
Praise be to Allaah.
We addressed this question to Shaykh ‘Abd-Allaah ibn Jibreen, who wrote back to us with the following response:
The correct view is that there is no sin on the child of zinaa because of the sin of his parents, because he did not do anything wrong. The (burden of) sin is on his parents. On this basis, he can call himself after his father who has acknowledged his paternity, so that he can prove that he belongs to him and his state (in official papers). Or he can call himself after his mother who gave birth to him, because this is his line of descent; then he will belong to her tribe and state. He should also do righteous deeds and be upright in his conduct and commitment to Islam. What his parents did should not cause him any harm. A person who is hindered by his bad deeds will not be helped by his lineage [i.e., a person’s origins do not count for anything if his actions are bad]. And Allaah knows best.








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Dought & clear, - She advised him and he came tothank her, and they committed zina













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I am a young woman from a very well-known family. All my life I have been religiously committed and of good character, as all will attest, but I do not know what is the reason that caused me to get to know a young man. I wanted to help him because he had suffered the calamity of his father’s death, and he is responsible for his siblings and his mother, but he went down the path of keeping company with bad people. I advised him and I felt it was my duty to stand beside him and advise him sincerely. Eventually he returned to his studies and gave up those bad friends, and he changed completely. His mother asked him the reason, and he told her. She spoke to me and thanked me for being patient with her son. One day he came for a visit to see me, and I did not know why I did not hesitate. I went to see him, and I felt as if he was my brother. We spent some time together and what happened happened, unfortunately. Now he wants to come and propose marriage to me, but it is impossible. He is three years younger than me, and he is not of the same nationality as me. Now I am pregnant and I want Allaah to conceal my sin and I want to repent. I know that I have done wrong, and you will criticize me severely, but I want to repent and I want a solution.
Praise be to Allaah.
Firstly:
Perhaps your letter will be a lesson to those who claim that a relationship between a man and a non-mahram woman can be “innocent”, and to those who claim that such relationships are Islamically acceptable if they are for the purpose of giving advice, and to those who want to “water down” the religion to allow relationships between men and women in the name of modernity, and claim that there is no reason why this should not be done, and that woman are able to control themselves… and other such foolish justifications.
It is a lesson for all those who are heedless of the laws of Allaah and pay no attention to the warning of our Lord, may He blessed and exalted, against following in the footsteps of the shaytaan, and they continue to take these matters lightly until they find themselves in deep trouble. You were heedless with regard to this young man and you went ahead and spoke with him and advised him, then you agreed to receive him in your house, then you agreed to be alone with him, then the Shaytaan made attractive to you the idea that he was like your brother, then what? Then you committed zina in the same meeting and in your house, with one whom the shaytaan made you think was like your brother! Which was the first step of the shaytaan? It was speaking to this non-mahram man, then the other steps of the shaytaan came one after another until you committed this most abhorrent of sins. Hence we can see the wisdom in the words of Allaah, may He be exalted (interpretation of the meaning):
“And come not near to unlawful sex. Verily, it is a Faahishah (i.e. anything that transgresses its limits: a great sin), and an evil way (that leads one to hell unless Allaah Forgives him)”
[al-Isra’ 17:32]
Allaah did not only forbid zina itself, rather He forbade coming near to it. The aim here is to forbid the things that lead to it. We ask Allaah to conceal your sin and to forgive you, and to help you to repent sincerely.
Secondly:
There is no doubt that zina is a grave sin, and it is one of the major sins. Hence the punishment for it is one that points to the seriousness of this sin and the abhorrence with which it is regarded in sharee’ah and by wisdom and common sense.
Ibn al-Qayyim (may Allaah have mercy on him) said:
Allaah ordained punishment for zina that differs from the punishment for other crimes in three ways:
1 – Execution in the most unpleasant form; when the punishment is reduced, it still combines the physical punishment of flogging with the emotional punishment of banishment.
2 – He forbade people when carrying out the punishment on the adulterers, to feel pity for them that would prevent them from carrying out the punishment. By His mercy towards them He prescribed this punishment, and He is more merciful to them than you, but His mercy did not prevent Him from ordaining this punishment, so your pity should not prevent you from carrying out His command…
3 – He enjoined that their punishment be carried out in the presence of some of the believers; it should not be done in isolation where no one can see them. That is more effective in serving the purpose of the punishment, and serves as a deterrent. End quote.
Al-Jawaab al-Kaafi, p. 144, 115
Thirdly:
Although this sin is so serious and abhorrent, Allaah has opened the door of repentance to those who commit it, and He has promised that if they are sincere in their repentance, He will turn their bad deeds into good deeds.
Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him) was asked:
What should the person who has committed zina do in order to rid himself of the effects of that action of his?
He replied:
Zina is one of the most serious of haraam actions and the worst of major sins. Allaah warns the mushrikeen, murderers and adulterers of multiple punishments on the Day of Resurrection, and of eternal humiliation and torment, because of the seriousness and abhorrence of their crimes, as Allaah says (interpretation of the meaning):
“And those who invoke not any other ilaah (god) along with Allaah, nor kill such person as Allaah has forbidden, except for just cause, nor commit illegal sexual intercourse—and whoever does this shall receive the punishment.
69. The torment will be doubled to him on the Day of Resurrection, and he will abide therein in disgrace;
70. Except those who repent and believe (in Islamic Monotheism), and do righteous deeds”
[al-Furqaan 25:68-70]
The one who has fallen into such sin has to repent to Allaah sincerely, and follow that with sincere belief and righteous deeds. Repentance is sincere if the penitent gives up the sin, regrets what has happened in the past and resolves never to go back to it, out of fear of Allaah and awe of Him, hoping for His reward and fearing His punishment. Allaah says (interpretation of the meaning):
“And verily, I am indeed forgiving to him who repents, believes (in My Oneness, and associates none in worship with Me) and does righteous good deeds, and then remains constant in doing them (till his death)”
[Ta-Ha 20:82]
Every Muslim man and Muslim woman must beware of this great evil and the things that lead to it, and hasten to repent from whatever is already past. Allaah will accept the repentance of those who are sincere and forgive them.
Majmoo’ Fataawa al-Shaykh Ibn Baaz, 9/442
Fourthly:
It is not permissible for two people who have committed zina to get married except after having repented sincerely, because Allaah has forbidden that to the believers:
“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 Islamic Monotheism)”
[al-Noor 24:3]
We have already explained the ruling on this issue in the answer to questions no. 14381, 22448, 11195.
Fifthly:
If the soul has been breathed into the foetus, then aborting it would be another crime in addition to zina. We have explained the ruling on this issue in the answer to questions no. 13317, 11195and 40269.
Sixthly:
The solution to your problem is to inform wise people among your family about your situation. The one who transgresses the laws of Allaah must inevitably face the consequences of his sin, in many cases. The family has to stand with their daughter sooner rather than later. Even if she aborts the foetus before the soul has been breathed into it, she is no longer regarded as a virgin, and this will also cause some problems at the time of marriage. Whatever the case, they have to solve their daughter’s problem, for she has repented and regretted her sin, and “the one who repents from sin is like one who has not sinned at all” – narrated by Ibn Maajah, 4250; classed as hasan by al-Albaani inSaheeh al-Targheeb, 3145. Even if she does not commit any sin after she repents, her sin has serious repercussions which must be dealt with before news of it becomes widespread and affects the family as a whole. The solution is not to marry her to that zaani before he repents, because marriage to a zaani is haraam, as stated above. But if they both repent, there is nothing wrong with them getting married in sha Allaah.
It is not permissible for her to marry anyone else until her womb is emptied, which is when she gives birth. The evidence for that is the report narrated by Abu Sa’eed al-Khudri (may Allaah be pleased with him) from the Prophet (peace and blessings of Allaah be upon him), who said: “Do not have intercourse with a pregnant woman until she gives birth, or with one who is not pregnant until she has menstruated once.” Narrated by Abu Dawood, 2157. al-Haafiz Ibn Hajar said inal-Talkhees al-Habeer(1/171,172): Its isnaad is hasan.
In order to understand the greatness of Allaah’s bounty in accepting His slaves’ repentance and to know that He accepts the repentance of the penitent no matter how great and how many their sins,
And Allaah knows best.








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