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The question

Is it permissible for a fornicator who has repented and flogged himself one hundred lashes – being un-muhsan (unmarried) – to marry a chaste woman, knowing that there is a hadith which states: "Indeed, none shall marry a fornicator who has been flogged except one like him"? And does his flogging of himself count as the execution of the hadd (prescribed punishment)?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

There is no condition that the ḥadd (prescribed punishment) be carried out for repentance from a sin; rather, concealment and repentance between the servant and his Lord are preferred, as the Prophet, peace and blessings be upon him, said: "Whoever commits any of these abominations, let him conceal himself with the concealment of Allah."

The ḥudūd (plural of ḥadd) are expiations for those upon whom they are carried out. And whoever Allah conceals and repents with sincere repentance, then his matter is with Allah.

Self-flagellation is not considered an expiation or a prescribed Islamic ḥadd for zinā (unlawful sexual intercourse), and it is unanimously forbidden.

The ḥadīth "The flogged fornicator does not marry except one like him" means that the unrepentant fornicator or fornicatress is not permitted to marry a chaste person. However, if the fornicator or fornicatress repents, this ruling is removed, and their testimony becomes acceptable, and they are permitted to marry a chaste person.

The narration attributed to Ali ibn Abi Talib concerning the separation of spouses due to the ḥadd is not authentic.

Whoever is afflicted with the sin of zinā should conceal it and repent with sincere repentance. And he is permitted to marry a chaste person once he repents and turns back to his Lord.

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Original fatwa ID
3696
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