Is the marriage contract that took place after adultery and before the clearance of the womb valid or void, and how can it be corrected, and when should it be renewed if necessary?
Fornication with an engaged woman before the marriage contract is one of the gravest sins, as Allah Almighty says: "And do not approach unlawful sexual intercourse. Indeed, it is ever an indecency and an evil way." (Quran 17:32). Laxity in interaction between engaged couples leads to falling into this abomination. Therefore, repentance from this sin is obligatory. The permissibility of marrying a fornicatoress before her womb is cleared (istibra’) is a matter of scholarly disagreement among jurists. The marriage is valid according to some of them, who cite incidents from the era of the Companions and sayings of some scholars as evidence.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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