What is the ruling on marrying an adulteress before her repentance, for the adulterer and for someone other than the adulterer, and for a woman known for adultery, according to the opinions of Imam Al-Shafi'i, Malik, and Abu Hanifa?
The three Imams: Al-Shafi'i, Malik, and Abu Hanifa, held the view that the marriage of an adulteress is valid before her repentance, though it is disliked, regardless of whether she committed adultery with the suitor or someone else. They based their argument on the narrated by Ibn Abbas (may Allah be pleased with them both), where a man said to the Prophet (peace and blessings be upon him): "I have a wife who does not repel the hand of any toucher." The Prophet said: "Divorce her." The man said: "I cannot bear to be without her." The Prophet said: "Then keep her."
The verse "And the adulteress—none marries her except an adulterer or a polytheist" has been interpreted in several ways. Among them is that it was revealed as a form of condemnation, not prohibition, or that it was abrogated by the verse "And marry the unmarried among you."
This ruling applies to an adulteress who is known for adultery. As for one who committed adultery but is not known for it, the validity of marrying her is even more certain according to the three Imams.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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