Why do the people of knowledge not issue a clear fatwa that does not increase confusion, especially concerning the impermissibility of a fornicator marrying a fornicatress or anyone else? Is the marriage contract that took place after the questioner and her fiancé repented and after the 'iddah period expired a matter of dispute, and is remaining with him an act of seeking dispensations?
We summarize the answer in the following points:
1. It is not permissible for the to leave the questioner in confusion; rather, he must clarify the most preponderant of opinions when mentioning differences.
2. The questioner's first query was not specific to the marriage of an adulterer to the woman with whom he committed adultery, but rather about marriage to adulterers and adulteresses in general before repentance.
3. The preponderant opinion regarding the prohibition of an adulterer marrying the woman with whom he committed adultery is that it is a temporary prohibition lifted by repentance. If they both repent and the waiting period (') expires, their marriage is valid according to the consensus of the four madhhabs.
4. The questioner's acting upon the Mufti's saying in matters of dispute is not considered pursuing dispensations, as the common person follows the of his Mufti.
5. Adhering to the absolute meaning of the third verse of Surat An-Nur to prohibit the marriage of adulterers and adulteresses after repentance is incorrect, because the description of adultery ceases to apply to them with repentance.
Summarized from the full answer at Ftawy · imported
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- Ftawy
- Original fatwa ID
- 147002
- Imported
- Translation status
- Source text, unreviewed
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