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Monday, March 17, 2014

Dought & clear, - He wants to marry a girl with whom he had a relationship













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I hope you can help me as I am in a deep trouble. I knew some girl who works far from where her family lives. For two years we had a loving relationship, we were meeting and committing Zina (adultery), we agreed to marry because I can not forget her, and she can not forget me either. Since she knew me she became religious and changed a lot. Allah knows how much I love her. Do you advise me to marry her? I am suffering.
Praise be to Allaah.
Firstly:
Before answering your question, we must remind you that it is obligatory to repent and regret what you have done with this woman, because you have fallen into several major sins, the most serious of which is zina (fornication) which is clearly forbidden in the Qur'aan and Sunnah, and the scholars are unanimously agreed that it is haraam, and wise people are unanimously agreed that it is abhorrent and evil.
Allaah says (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]
And the Prophet (peace and blessings of Allaah be upon him) said: “No adulterer is a believer at the time when he is committing adultery.” Narrated by al-Bukhaari (2475) and Muslim (57).
There is a severe punishment for zina in al-Barzakh, before the punishment in the Hereafter. In the famous hadeeth of Samurah ibn Jundub (may Allaah be pleased with him) about the dream, it says:
“… then we [i.e., the Prophet (peace and blessings of Allaah be upon him) and Jibreel and Mikaa’eel] proceeded and came to something like a tannoor (a kind of oven), in which there were clamouring voices.” He [the Prophet (peace and blessings of Allaah be upon him)] said: “We looked into it and there we saw naked men and women. Flames were coming to them from the bottom of it, and when the flames reached them, they made uproar. I said to them [i.e., the two angels who were accompanying him], ‘Who are these?’ … They said, ‘We will tell you. As for the naked men and women in the structure that resembled a tannoor oven, they are the adulterers and adulteresses.’”
Narrated by al-Bukhaari (6640).
Allaah has ordained the hadd punishment for zina. He says concerning the hadd punishment for an unmarried person (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]
As for the person who has previously been married, the hadd punishment is execution, In the hadeeth narrated by Imam Muslim in hisSaheeh(3199) it is narrated that the Prophet (peace and blessings of Allaah be upon him) said: “For a previously-married person with a previously-married person, [the punishment is] one hundred lashes and stoning.”
What we have said to you applies to the woman too, and she should realize that her sin is even worse, but because, as you say, she has become righteous, we hope that her repentance is sincere and that Allaah will forgive her by His grace and kindness.
Secondly:
You should note that if you have not both repented from the sin of zina, then it is not permissible for you to marry her, because Allaah has forbidden the zaani and zaaniyah to marry unless they both repent. 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]
Shaykh ‘Abd al-Rahmaan al-Sa’di (may Allaah have mercy on him) said:
This clearly points to the abhorrent nature of zina, and that is tarnishes the honour of the one who does it in a way that other sins do not. Allaah tells us that no woman would marry a zaani but a woman who is also a zaaniyah, who is like him, or a mushrik woman who associates others with Allaah and does not believe in the Resurrection or in reward and punishment (in the Hereafter), and who does not adhere to the commands of Allaah. And similarly, no one would marry a zaaniyah except a zaani or a mushrik. “Such a thing is forbidden to the believers” means, it is haraam for them to marry zaanis or zaaniyahs.
What the verse means is that if a person wants to marry the man or woman who commits zina and has not repented from that, despite the fact that Allaah has prohibited that, then he is either not adhering to the ruling of Allaah and His Messenger, in which case he cannot be anything but a mushrik, or he is adhering to the ruling of Allaah and His Messenger but he agrees to this marriage despite knowing that this person has committed zina, in which case this marriage is also zina, and he is an immoral zaani. If he truly believed in Allaah, he would not do that. This clearly indicates that it is haraam to marry a zaaniyah unless she repents, or to marry a zaani unless he repents, because marriage is the strongest type of companionship, and Allaah says (interpretation of the meaning):“Assemble those who did wrong, together with their companions” [al-Saaffaat 37:22]. Allaah has forbidden that because of what it involves of great evil, and lack of protective jealousy, and attribution of children who are not his to the husband, and the zaani failing to keep her chaste because he is distracted elsewhere, any one of which is sufficient reason for the prohibition. End quote.
Tafseer al-Sa’di(p. 561).
The scholars of the Standing Committee were asked:
A man committed zina with a virgin and wants to marry her. Is it permissible for him to do that?
They replied:
If the matter is as described, each of them must repent to Allaah and give up this sin, and regret what has happened of immoral actions, and resolve not to do it again, and do a lot of good deeds, in the hope that Allaah will accept their repentance and turn their bad deeds into good. 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; for those, Allaah will change their sins into good deeds, and Allaah is Oft‑Forgiving, Most Merciful
71. And whosoever repents and does righteous good deeds; then verily, he repents towards Allaah with true repentance”
[al-Furqaan 25:68-70]
If he wants to marry her, then he must wait for one menstrual cycle to establish whether her womb is empty before doing the marriage contract with her. If it turns out that she is pregnant, then it is not permissible for him to do the marriage contract with her until after she gives birth, in accordance with the hadeeth in which the Prophet (peace and blessings of Allaah be upon him) forbade a man to water the crop of another with his own water. End quote.
Fataawa Islamiyyah(3/247).
So repent to Allaah and set your affairs straight, and do a lot of good deeds, and after that it will be permissible for you to get married. We ask Allaah to accept your repentance and to forgive you, by His grace and mercy.
And Allaah knows best.








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Dought & clear, - Is there any expiation for having intercourse with a woman in her back passage?













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Is there any expiation for having intercourse with one’s wife in her back passage?.
Praise be to Allaah.
Firstly:
It is haraam to have intercourse with one’s wife in her back passage, and the Prophet (peace and blessings of Allaah be upon him) said that the one who does that is cursed.
We have quoted the evidence from the Qur’aan and Sunnah to show that it is haraam, as well as describing some of the evil consequences of that, in the answer to question no. 1103and 6792.
Islam has not stipulated any expiation for this action, so there is no expiation for it apart from repentance and regret, and turning back to Allaah.
Shaykh Ibn Baaz (may Allaah have mercy on him) was asked: What is the ruling on having intercourse with a woman in her back passage? Is there any expiation required of the one who does that?
He replied:
Having intercourse with a woman in her back passage is a major sin and is one of the most heinous acts of disobedience, because it was narrated that the Prophet (peace and blessings of Allaah be upon him) said: “Cursed is the one who has intercourse with his wife in her back passage.” Narrated by Abu Dawood, 2162; classed as hasan by al-Albaani inSaheeh Abi Dawood.
And he (peace and blessings of Allaah be upon him) said: “Allaah will not look at a man who had intercourse with a man or a woman in the back passage.” Narrated by al-Tirmidhi, 1166; classed as hasan by al-Albaani inSaheeh al-Tirmidhi.
What the one who has done that must do is hasten to repent sincerely, which means giving up the sin and abstaining from it out of respect for Allaah and out of fear of His punishment, regretting what he has done of that and sincerely resolving never to go back to it, as well as striving to do righteous deeds. Whoever repents sincerely, Allaah will accept his repentance and forgive his sins, as 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]
“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; for those, Allaah will change their sins into good deeds, and Allaah is Oft‑Forgiving, Most Merciful”
[al-Furqaan 25:68-70]
There is no expiation required of one who has anal intercourse, according to the more correct of the two scholarly opinions, and his wife does not become haraam to him because of that, rather she remains his wife. But she does not have to obey him in this grave evil; rather she is obliged to refuse, and to demand a annulment of her marriage to him if he does not repent. We ask Allaah to keep us safe and sound from that.
FromFataawa Islamiyyah, 3/256
Al-Bayhaqi (may Allaah have mercy on him) said:
If he does that (i.e., has intercourse with her in the back passage), then he should be punished (i.e., the judge or ruler should mete out a punishment that will deter him and others like him), because he has committed a sin for which there is no stipulated hadd punishment or expiation.
Kashshaaf al-Qinaa’, 5/190
So he clearly stated that it is a sin, but no expiation is required.
SeeAnsa al-Mataalib, 4/162;Mughni al-Muhtaaj, 5/624
Secondly:
Many people make the mistake of thinking that because there is no expiation stipulated for a particular sin that it is an insignificant matter and is a minor sin. This way of thinking is not correct. Rather if one were to say that Allaah has not stipulated any expiation for anal intercourse because it is too serious to be expiated by any expiation, that would not be farfetched. As Imam Maalik says concerning swearing a false oath (al-yameen al-ghamoos): it is too serious to be expiated by any expiation.
Al-Taaj wa’l-Ikleel, 4/406; see also al-Mudawwanah, 1/577
And Allaah knows best.







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Dought & clear, - They calledupon the angels to witness their marriage













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I am a female student living on my ownaway from my family.... i became friendz with one of my colleges last yr .he was ill those days and even had some more problemsin whichhe definitelyneededsomeoneto rely on and few words of strenght.i became thatsupport for him that time.I thought it is nice to help people.....Alllah would reward me for that .But after amonthor sdo we became very good friendzand later got much involved in each other.till now we never touched each other..... once we were playing,i dont remember what happened that day ....he leaned on me and kissed me .both of us being muslims felt guityand at our own placdfes asked forgiveness from allah ...and i dont remember how the same thing happened once moreand we decided to marry...As we were students and due to some economical and social problems we were not able to do it properly and disclose it .....Moreover we nthought its allah who knows everything and we should be clear infront of him. one night after offering salat of isha and two rakaa' of nafilahwe started searching for verses and rules and regulations of marriage in quran.We found some lines but not exact what we wanted that time ....Any how we read few verses from it and sweared holding quran in our hands that we consider each other as our spouse.and would never betray each other ...and thought Angels wouild be our witnesses. and therefore we thought we are married..and kissing and holding each other never haunted us...and we never felt guilt... after 3 months or so ,as we thought we are married many times we shared bed. This yr (after11/12 months),i was reading some questions on this site on divorce and marriage ...(i used this site earlier but never used it for this topic as i never thought i did wrong ...)and there i foundcertain questionslike this but not exactly...there arouse a doubt in my mind that i am practicing wrong thingsso i spoke to him and we stopped practicing it .... sir,we want to know ,whether this marriage is considered or not ...? have we done "zinna"and whether we will be punished for it even if we repent... And sir,if we want to marry in futurecan we marry(if our marriage is not considered)? .
Praise be to Allaah.
What happened between that man and that woman – based on what is mentioned in the question – is undoubtedly zina. Where was the woman’s wali (guardian) in this marriage? It is strange that the angels were witnesses to this marriage but they did not see those witnesses.
What you have to do is repent to Allaah from what you have done, and realize that you have committed a major sin. The Prophet (peace and blessings of Allaah be upon him) said: “No adulterer is a believer at the time when he is committing adultery.” Narrated by al-Bukhaari (2343) and Muslim (57). For more information please see question no. 11195and 21223.
If a person repents, Allaah rejoices at his repentance and accepts it and forgives him, 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 intercourseand 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; for those, Allaah will change their sins into good deeds, and Allaah is Oft‑Forgiving, Most Merciful”
[al-Furqaan 25:68-70]
See also questions no. 27113, 624and 20949.
They have to cut off all ties with one another, so as to close the door to temptation and desire. If they want to have a good, legitimate relationship, then they should enter houses by the proper doors, as Allaah has prescribed, and they have to fear Allaah and be patient in heeding His sacred limits. A person may be able to put up with the pain of separation but he will not be able to put up with the heat of the Fire. So let them keep away from one another, so that they will not fall into doing that which will earn the wrath and punishment of Allaah, or let them hasten to get married in the proper Islamic manner, after repenting from what they have fallen into of zina. And Allaah knows best.








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