Dought & clear, - He had anal intercourse with a foreign woman butthey have repented. Is it permissible for them to get married?.

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We had anal intercourse, but we repented and regretted. We love each other very much we cannot separate. We want to marry and live a happy life. Is it permissible for us to get married?
We follow the ibadhi madhab, and it prohibits marriage between a man and a woman who committed adultry even if they repent. The evidence for this is that Umar ibn al-khattab separated a man who married a woman during her ‘iddah and said: “they shall never be togeather”, another evidence narrated by Ali, A’esha, and albaraa ben azeb, that “if a man and awoman who committed adultry got married, their relationship remains adultry forever”. Trust cannot be there between two who tested each other before marriage. What is your opinion?.
Praise be to Allaah.
Firstly:
You should understand that looking for the right opinion on practical fiqhi matters is something good, and it indicates that a person is seeking the truth that Allaah has enjoined. Even better than this is that a Muslim should look for the correct belief that will save him from the misguided sects which the Prophet(peace and blessings of Allaah be upon him) spoke of. He said that there would be seventy-two sects, “all of which will be in the Fire” meaning that they are misguided and deserve this warning of Hell.
If you both regret what you did and have repented sincerely, then it is permissible for you to get married, and there is no reason why you should not do so.
As for what you say about ‘Umar ibn al-Khattaab preventing the one who married a woman during her ‘iddah from ever marrying her, it seems – if this is a sound report – that this was a punishment (ta’zeer) to the one who committed a sin, and it was not a confirmation of a shar’i ruling that this is haraam.
What you have quoted from some of the Sahaabah, that they ruled that a couple who committed zina and then get married would remain adulterers forever, may be understood as applying to those who did not repent.
Ibn Hazm (may Allaah have mercy on him) said:
It was narrated from Ibn Mas’ood that he said concerning the one who marries a woman after committing zina with her: They are still adulterers. Then he narrated that Saalim ibn ‘Abd-Allaah ibn ‘Umar was asked about a man who committed zina with a woman then married her. He said: Ibn Mas’ood was asked about that and he said:“And He it is Who accepts repentance from His slaves” [al-Shoora 42:25].
Ibn Hazm said:
The two opinions (of Ibn Mas’ood) are in harmony, because he only allowed marrying that woman after repentance. End quote.
Al-Muhalla(9/63)
And Allaah knows best.

Dought & clear, - They were in a haraam relationship then they repented and got married without a wali (guardian); what should they do now?.

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I am resident in France. I married a widow woman who has children. I had a haram relationship with her (zina). Then we repented to Allah and married. An imam attended and 5 witnesses. At that time I did not know that a wali is condition for the marriage to be valid. After our marriage I asked her about her parents’ opinion, she said they did not accept it. Her parents live in Morocco but she is resident in France. But they forgave her and she has a good relationship with them now. They visited us and we visited them. We have two daughters now, please guide me, may Allah reward you! Is our marriage contract valid or not? What shall I do about it?.
Praise be to Allaah.
Firstly:
We ask Allaah to accept your repentance and to forgive you, and to help you to obey Him and worship Him well.
Secondly:
Your marriage contract without the approval of the wife’s guardian is invalid, and you have to renew it in the presence of the guardian. If he cannot attend then he should appoint someone to do the marriage contract on his behalf.
It was narrated that Abu Moosa (may Allaah be pleased with him) said: The Prophet(peace and blessings of Allaah be upon him) said: “There is no marriage except with a wali (guardian).” Narrated by al-Tirmidhi (1101), Abu Dawood (2085) and Ibn Majaah (1881); classed as saheeh by al-Albaani inSaheeh al-Tirmidhi.
Shaykh al-Islam Ibn Taymiyah said:
The majority of scholars said that a marriage done without a guardian is invalid, and they ruled that a ta’zeer punishment should be carried out on the one who does that, following the example of ‘Umar ibn al-Khattaab (may Allaah be pleased with him). This is the view of al-Shaafa’i. A number of them also suggested that the hadd punishment of stoning should be carried out in such cases and others. End quote.
Majmoo’ al-Fataawa(32/21).
He also said:
The Qur’aan indicates this in more than one place, as does the Sunnah in more that one place, and it was the habit of the Sahaabah. Women can only be given in marriage by men, and it is not known that any woman gave herself in marriage. This is what distinguishes between marriage and illicit relationships. Hence ‘Aa’ishah said: No woman should give herself in marriage, for the prostitute is the one who gives herself in marriage. End quote.
Majmoo’ al-Fataawa(32/131).
The author of‘Awn al-Ma’bood(6/101) said:
In fact marriage without a guardian is invalid, as is indicated by the hadeeth. End quote.
What you must do now, if you want to set things straight and make your marriage in accordance with sharee’ah, is to do the marriage contract again, in the presence of the wife’s guardian and with his approval.
It should be noted that you must hasten to set this matter straight, because your staying together now is haraam, because the marriage contract that was done between you before was not valid.
In order to expedite matters, you can contact her father by phone and he can say to you: “I give my daughter So and so to you in marriage” and you can say, “I accept,” and that should be done in the presence of two witnesses who know the father’s voice and can hear him.
Thirdly:
With regard to the children, they should be attributed to you because you did the marriage contract without a guardian thinking that it was valid.
And Allaah knows best.

Dought & clear, - What if her brother is her wali and he entrusts the matter of her marriage to her maternal uncle?.

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A girl lives with her grandmother and maternal uncle. She also has a brother who lives in another country. She does not have other relatives and her brother is her wali ‘guardian’ but he entrusted his uncle to be her guardian and to get her married. So a student of knowledge started the marriage contract in presence of witnesses and under the guardianship of her uncle on behalf of her brother. Is this marriage contract valid or not? The contract has taken place already, but she did not start living with him yet. If her brother comes to attend her wedding, should they redo the contract or it is valid already?.
Praise be to Allaah.
The wali may appoint someone else to take care of the marriage of the female relative under his care, whether he is one of her relatives, such as her maternal uncle, or someone else.
Ibn Qudaamah (may Allaah have mercy on him) said inal-Mughni(7/14): It is permissible to delegate guardianship in the case of marriage, whether the wali is present or absent, because it is narrated that the Prophet(peace and blessings of Allaah be upon him) delegated Abu Raafi’ with regard to his marriage to Maymoonah, and he delegated ‘Amr ibn ‘Umayyah with regard to his marriage to Umm Habeebah. And because it is a contract of exchange, so it is permissible to delegate it, just as it is permissible to delegate to others in matters of buying and selling. End quote.
It says inFataawa al-Lajnah al-Daa’imah(18/103): The shar’i form of the marriage contract includes the proposal of the wali or his deputy, and the acceptance of the husband or his deputy, and that should be in the presence of two witnesses of good character. End quote.
Based on that, the marriage contract which was done in this case by the maternal uncle acting as the brother’s deputy, is a valid marriage, and it is not essential that the brother be present on the wedding day.
And Allaah knows best.