Is a marriage considered invalid if the adulteress did not genuinely repent before the marriage contract, knowing that she had repented from previous fornication before her engagement, then engaged in a sexual relationship with her fiancé before the marriage contract without losing her virginity? And what is the ruling of Islamic law if the wife did not know about the invalidity of the marriage until after the contract? And is it permissible for a couple to have sexual relations after the marriage contract and before consummation? And what is the expiation for fornication?
A Muslim must repent from adultery, and the door to repentance is open. Scholars have differed on the validity of marriage to an adulteress before her repentance. The majority view is that it is valid, though disliked, while the Hanbalis consider it unlawful.
However, if the husband was unaware of her adultery, the marriage is valid. She must conceal her past and not inform her husband or anyone else about what happened.
A man owns his wife through the marriage contract, and he has the right to be alone with her and to engage in intercourse. However, custom and agreements should be observed. If intercourse occurs validly, there is no sin upon him, and the rulings pertaining to consummation apply.
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