What is the ruling on a man marrying a woman with whom he had previously had intercourse several times, then the marriage contract was solemnized in the presence of a public figure who recited the Fatiha, with her agent being a friend of the man, and two witnesses who were also his friends, and the dowry being 50 UAE Dirhams, knowing that she had not yet purified from the last time he had intercourse with her, and her guardian was absent, and she is divorced and has children, and this marriage was kept secret from his other wife, and then he divorced her? And does he become a forbidden relative to her daughters, or is it permissible for him to marry them in the future?
Adultery is one of the major sins for which Allah has promised punishment in this world and severe torment on the Day of Resurrection. It is obligatory for whoever commits this sin to hasten to repentance, seek forgiveness, and increase in acts of obedience. As for the marriage of an adulterer to the woman with whom he committed adultery, it is stipulated that both parties repent and that the waiting period (iddah) of 'istibra' be observed, which is preferably one menstrual cycle, or three menstrual cycles according to the Maliki school. The Malikis consider the marriage to an adulteress to be disliked, and they hold that if someone marries before the 'istibra' period ends, their marriage is invalid and must be annulled permanently. This marriage is invalid according to the Malikis for several reasons, including that it is conducted under the guardianship of a non-guardian (ajnabi), that it is a secret marriage, and that it occurs before the 'istibra' period.
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- Original fatwa ID
- 60220
- Imported
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