Back to search
The question

Is the marriage of a woman, which took place after a previous relationship with her husband and before their repentance from this relationship, valid Islamically, and are they considered persistent adulterers?

Share this answer

Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

The marriage of an adulteress is a matter of scholarly disagreement. The opinion of Imam Ahmad, which states that it is impermissible except after repentance, is the one given (religious legal opinion) upon. However, in this particular case, since you are not certain of the occurrence of zina (unlawful sexual intercourse) in its -defined meaning, your marriage is valid by consensus, as Islamic rulings are not established by doubt. As for metaphorical zina, such as touching private parts, it is not the actual zina that necessitates a hadd (prescribed punishment). The questioners have repented to Allah, and Allah accepts repentance from His servants. Even if complete zina had occurred before the marriage contract and procreation, the school of thought of the three Imams lifts the burden in such a case.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
104726
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
Read the full ruling
Read the full answer on Ftawy