Dought & clear, - She committed zina with a non-Muslim during the day in Ramadan a few years ago, then she regretted it. What should she do?

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- - One of my close friends committed zina during the day in Ramadan with a non-Muslim young man when she was twenty years old. Now she is twenty-nine and is very sad about what she did. She wants to know what exactly she should do so that that mistake may be forgiven.
Praise be to Allah.
Firstly:
There is no doubt that zina (fornication) is a major sin and is something that incurs the wrath and anger of Allah. If zina was committed with a non-Muslim, the sin is greater, and if that was during the day in Ramadan, that is even worse. If the person who committed the sin does not repent sincerely from the bottom of his heart, then his loss is complete.
Allah, may He be exalted, says (interpretation of the meaning):
“And those who invoke not any other ilah (god) along with Allah, nor kill such life as Allah has forbidden, except for just cause, nor commit illegal sexual intercourse and 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;
Except those who repent and believe (in Islamic Monotheism), and do righteous deeds, for those, Allah will change their sins into good deeds, and Allah is Oft-Forgiving, Most Merciful.”
[Al-Furqaan 25:68-70]
“Say: O My slaves who have transgressed against themselves (by committing evil deeds and sins)! Despair not of the Mercy of Allah, verily Allah forgives all sins. Truly, He is Oft-Forgiving, Most Merciful.”
[az-Zumar 39:53].
Despite the abhorrent nature and severity of the sin and the fact that the one who committed it is exposed to the wrath and anger of Allah, the mercy of Allah precedes His wrath, so He does not hasten to punish His slave; rather He opens to him the gate of repentance and gives him time to repent. If he repents and is sincere, Allah will forgive him, no matter what his sin was.
What this young woman must do is be sincere towards Allah in her repentance, regret having committed this abhorrent action, resolve never to commit this sin again, and do a lot of righteous deeds. She should turn to her Lord, thinking positively of Him, being sincere towards Him and repenting fully to Him. Allah accepts the repentance of His slaves and grants pardon for bad deeds.
Secondly:
The one who committed zina during the day in Ramadan has to, along with repenting, make up that day’s fast and offer the severe expiation, which is to free a slave; if he cannot do that, then he must fast for two consecutive months; and if he cannot do that, he must feed sixty poor persons.
See also the answer to question no. 39734
The one who did that several years ago and has not made up the fasts that he missed also, in addition to the above, has to offer expiation for delaying the making up of that day’s fast, which is to feed one poor person; the amount to be given is half a saa‘ of the local staple food, wheat or rice and so on. That is equivalent to one and a half kilograms.
The Standing Committee was asked:
What is the ruling on one who committed zina during the day in Ramadan? That took place at the time when he was ignorant and now he is asking Allah for forgiveness.
They replied:
The questioner has to repent and must offer expiation, which is to free a slave; if he cannot do that, then he must fast for two consecutive months; if he cannot do that, then he has to feed sixty poor persons. He also has to make up the fast of that day on which he broke the fast, and he has to offer expiation for the delay in making up that day’s fast, which is one and a half kilograms of wheat.
End quote fromFataawa al-Lajnah ad-Daa’imah, 9/255
And Allah knows best.









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Dought & clear, - They committed zina and got married beforethey repented; do they have to do a new marriage contract?

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- - A young Muslim man got married three years ago to a girl who only embraced Islam a week before the wedding, and now they have a child and she is six months pregnant with their second child. But before they got married they were in a haraam relationship and they committed immoral actions several times. Now it seems to them, after reading a fatwa, that their marriage is invalid and that it must be annulled as they did not repent before marriage. In fact they only repented after marriage.
What should they do now? Do they have to annul their marriage now and then repeat it without any need for ‘iddah? Does this mean that their children are the result of haraam and immoral actions (are they illegitimate)? Do they come under the ruling on zaanis (fornicators) for the duration of their marriage? Is annulment a straightforward procedure, or is it a lengthy process like talaaq (divorce)? Can they be excused because of their ignorance? All they want to do is live a clean married life that is pleasing to Allah, may He be blessed and exalted. Please note that the girl got her period once before they got married and the young man did not have intercourse with her after that until after they got married; that is, he wanted to make sure that she was not pregnant before marriage. Allah knows that they did not know that repentance is stipulated as a condition of marriage being valid, otherwise they would not have hesitated to repent straightaway at that time. What about the children, do they not deserve some consideration in this situation? Can they stay together for the sake of the children only, without any sexual intimacy? I tried to find out about the matter as much as I could so that all aspects of it would be clear, because they found two contradicting opinions that only increased their confusion, and they do not know which way to proceed. They do not want to live in haraam and they hope that you can explain with detailed evidence.
Praise be to Allah.
Firstly:
It is not permissible for the zaani (fornicator or adulterer) to marry the zaaniyah (fornicatress or adulteress) except after repenting because Allah, may He be exalted, says (interpretation of the meaning):
“The adulterer marries not but an adulteress or a Mushrikah and the adulteress none marries her except an adulterer or a Muskrik. Such a thing is forbidden to the believers (of Islamic Monotheism)”
[an-Noor 24:3].
Repentance is achieved by regretting (what one has done) and resolving not to go back to the sin. This may have happened in the case asked about here, hence they gave up zina and wanted to live a clean life that is pleasing to Allah, as you say, and they wanted to be on the safe side by making sure that she was not pregnant as a result of something haraam.
The fuqaha’ differed concerning the validity of a marriage between two who committed zina, if the marriage was done before they repented. The majority are of the view that it is valid, but the Hanbalis are of the view that it is not valid, and this is the more correct view. See question no. 85335
What is required in that case is to repeat the marriage contract. The matter does not require a talaaq (divorce); rather it is a repeat of the marriage contract, in which the woman’s wali (guardian) may be her Muslim father, brother or any other male relative on the father’s side, so long as he is Muslim. If she has no male Muslim relatives, then the imam of the Islamic Centre may act as her guardian for the purpose of marriage, in the presence of two Muslim witnesses.
It is not essential to tell the one who does the marriage contract of the details of the situation; it is possible to use double entendres and to say that they want to repeat the marriage contract because of some uncertainty about its validity, because they got married without a wali, or for some other appropriate reason, or because it was done in another city or country, and so on, because the Muslim is enjoined to conceal his faults and mistakes.
Secondly:
The children who were born under the previous marriage contract should be attributed to the husband, because they were born in a marriage that both spouses believed to be valid.
And Allah knows best.







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Dought & clear, - She committed zina before herwedding and got pregnant, then had a miscarriage. Is her marriage valid?

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- - I had an affair with a guy a week to my wedding with a different person.Some months later I discovered that Im pregnant for the first guy not my husband.I had a miscarriage and later became pregant for my husband.Uptil now nobody knew about this,at times i feel like confessing but he esitat .
My question here is please how valid is my marriage and how does this affect my child islamically?.
Praise be to Allaah.
Firstly:
If this immoral action came after the marriage contract was done, even if it was before the wedding party, then this marriage of yours is valid but you have to repent from this sin that you fell into.
Ibn Qudaamah (may Allah have mercy on him) said:
If the wife of a man commits zina, or her husband commits zina, the marriage contract is not rendered invalid, whether that happens before or after consummation, according to the opinion of most of the scholars.
End quote fromal-Mughni, 9/565
Secondly:
If this zina took place before the marriage contract was done, the marriage contract is not valid unless it was done after establishing that there was no pregnancy by waiting for one menstrual cycle, according to the more correct opinion.
Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) said:
Marriage to a zaaniyah (a woman who has committed fornication) is haraam until she repents, whether the one who committed zina with her is the bridegroom himself or someone else. This is the correct opinion beyond a doubt, and it is the opinion of a number of the earlier and later scholars, including Ahmad ibn Hanbal and others. Many of the earlier and later scholars were of the view that it is permissible, and this is the view of the three, but Maalik stipulated that it should be established that there is no pregnancy by waiting for one menstrual cycle, and Abu Haneefah regarded it as permissible to do the marriage contract before waiting for one menstrual cycle if she is pregnant, however if she is pregnant it is not permissible to have intercourse with her until she gives birth. Ash-Shaafa‘i regarded it as permissible to do the marriage contract and to have intercourse in all cases, because the water (semen) of the zaani has no value in sharee‘ah and the ruling is that no child is to be attributed to him. This is his justification for his opinion. Abu Haneefah differentiated between the one who is pregnant and the one who is not, because if (the husband) has intercourse with the one who is pregnant, he will be attributing to himself a child who definitely is not his, which is different from the case of one who is not pregnant. Maalik and Ahmad stipulated that it should be established that there is no pregnancy (by waiting for one menstrual cycle), which is the correct view. But Maalik and Ahmad, according to another report, stipulated that it should be established that there is no pregnancy by waiting for one menstrual cycle. The other report from Ahmad is that which is followed by many of his companions such as al-Qaadi Abu Ya‘la and his followers, which is that it is essential to wait for three menstrual cycles. However the correct view is that all that is required is to establish that there is no pregnancy (by waiting for one menstrual cycle). End quote.
Majmoo‘ al-Fataawa, 32/110
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said inash-Sharh al-Mumti‘(13/382): Rather the opinion narrated from Abu Bakr and a number of the Sahaabah (may Allah be pleased with them) is that there is no ‘iddah at all for the woman who committed zina, and there is no requirement to establish that there is no pregnancy, especially if she has a husband, because of the words of the Messenger (blessings and peace of Allah be upon him): “The infant is to be attributed to the husband of the woman (who gave birth to him).” Rather if a man knows that his wife has committed zina – Allah forbid – and has repented, he should have intercourse with her immediately, so that no doubt will remain in his heart in the future as to whether she became pregnant as a result of zina or not. If he has intercourse with her immediately, the child will be assumed to be from the husband and not from the zaani (adulterer).
But if the woman who committed zina (fornication) did not have a husband, it is essential to establish that there is no pregnancy by waiting for one menstrual cycle, according to the correct opinion. End quote.
Thirdly:
Because this issue is the subject of a considerable difference of opinion among the scholars, and because annulling the marriage and admitting zina after this length of time will lead to a great deal of trouble and disclosing that which Allah had concealed for you, and will expose you to turmoil, we think – and Allah knows best – that in this case you do not have to tell your husband about what happened in order to renew the marriage contract. In the other scholarly opinion mentioned above, according to which some of the scholars are of the opinion that it is not essential to establish that there is no pregnancy, there is some leeway.
This, as we have said, applies if the zina took place before the marriage contract was done and before it was established that there was no pregnancy.
As Allah has concealed you, you must also conceal yourself and do not breach the concealment of Allah. al-Bukhaari (6069) and Muslim (2990) narrated that Abu Hurayrah (may Allah be pleased with him) said: I heard the Messenger of Allah (blessings and peace of Allah be upon him) say: “All of my ummah will be fine except those who commit sin openly, and it is part of committing sin openly for a man to do something at night, then in the morning when his Lord has concealed him he says: O So and so, I did such and such last night, when his Lord had concealed him all night, but in the morning he discloses that which Allaah had concealed for him.”
And Muslim (2590) narrated from Abu Hurayrah (may Allah be pleased with him) that the Prophet (blessings and peace of Allah be upon him) said: “Allaah does not conceal a person in this world but Allaah will conceal him on the Day of Resurrection.”
Al-Bayhaqi (18056) narrated from Ibn ‘Umar that the Messenger of Allah (blessings and peace of Allah be upon him) said, after the stoning of al-Aslami: “Avoid this filth that Allah has forbidden, and whoever falls into it, let him conceal himself with the concealment of Allah, may He be glorified and exalted.”
Classed as saheeh by al-Albaani inas-Saheehah(663).
Fourthly:
Your son is a legitimate son of your husband, and there is no problem concerning him, in sha Allah.
With regard to the foetus whom you aborted, if that happened before the soul was breathed into him – i.e., before four months – then there is no expiation or diyah required for him. However you are required to repent, feel regret and pray for forgiveness.
If that happened after four months, then you have to pay the diyah and offer expiation.
The diyah is to free a male or female slave; if that is not possible then you must pay the equivalent, which is five camels.
With regard to the expiation, it is to free a slave. If that is not possible, then you must fast for two consecutive months.
And Allah knows best.







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