They committed zina then they got married, and they are asking whether the marriage is valid and What
is the punishment for zina in Islam in this life and the hearafter?
Two
people got married in accordance with sharee’ah and as enjoined by Allaah, but
before marriage they used to get together and be intimate with one another like
man and wife. What is the ruling on their marriage; is it valid or invalid?
What is the expiation for what they used to do?.
A) Praise
be to Allaah.
Firstly:
Zina
(fornication, adultery) is a serious crime and a major sin which takes away the
quality of faith from a person, and exposes him to punishment and humiliation
unless he repents. Allaah says (interpretation of the meaning):
“And
come not near to unlawful sex. Verily, it is a Faahishah (i.e. anything that
transgresses its limits: a great sin, and an evil way that leads one to hell
unless Allaah Forgives him)”
[al-Isra’
17:32]
and
the Prophet (peace and blessings of Allaah be upon him) said: “No adulterer is
a believer at the time when he is committing adultery” Narrated by al-Bukhaari
(2475) and Muslim (57).
And
he (peace and blessings of Allaah be upon him) said: “If a man commits zina,
faith comes out of him and hovers over him like a cloud, then when he stops,
faith returns to him.” Narrated by Abu Dawood (4960) and al-Tirmidhi (2625);
classed as saheeh by al-Albaani in Saheeh Abi Dawood.
The
Prophet (peace and blessings of Allaah be upon him) has told us of the
punishment that those who commit zina will receive in their graves before the
Hour begins, and that they will be punished with fire. Narrated by al-Bukhaari
(1320).
Because
of the abhorrent nature of this crime, Allaah has decreed that the punishment
for it should be stoning to death if the person is married and flogging if he
was not married.
The
one who is faced with any such thing should hasten to repent to Allaah and do a
lot of good deeds, in the hope that Allaah will forgive him. Allaah says
(interpretation of the meaning):
“And
those who invoke not any other ilaah (god) along with Allaah, nor kill such
person as Allaah has forbidden, except for just cause, nor commit illegal
sexual intercourse ___ and whoever does this shall receive the punishment.
69.
The torment will be doubled to him on the Day of Resurrection, and he will
abide therein in disgrace;
70.
Except those who repent and believe (in Islamic Monotheism), and do righteous
deeds; for those, Allaah will change their sins into good deeds, and Allaah is
Oft‑Forgiving,
Most Merciful”
[al-Furqaan
25:68-70]
“And
verily, I am indeed forgiving to him who repents, believes (in My Oneness, and
associates none in worship with Me) and does righteous good deeds, and then
remains constant in doing them (till his death)”
[Ta-Ha
20:82]
They
must also conceal themselves with the concealment of Allaah, and not tell
anyone about that, The Prophet (peace and blessings of Allaah be upon him)
said: “Avoid these filthy things that Allaah has forbidden. Whoever has done
any of them, let him conceal himself with the concealment of Allaah, may He be
glorified and exalted.” Narrated by al-Bayhaqi and classed as saheeh by
al-Albaani in al-Silsilah al-Saheehah, no. 663.
Secondly:
It
is not permissible for a man or woman who has committed zina to get married
until after he or she has repented, because Allaah says (interpretation of the
meaning):
“The
adulterer — fornicator marries not but an adulteress — fornicatress or a
Mushrikah; and the adulteress –fornicatress, none marries her except an
adulterer — fornicater or a Mushrik [and that means that the man who agrees to
marry (have a sexual relation with) a Mushrikah (female polytheist, pagan or
idolatress) or a prostitute, then surely, he is either an adulterer —
fornicator, or a Mushrik (polytheist, pagan or idolater). And the woman who
agrees to marry (have a sexual relation with) a Mushrik (polytheist, pagan or
idolater) or an adulterer — fornicator, then she is either a prostitute or a
Mushrikah (female polytheist, pagan, or idolatress)]. Such a thing is forbidden
to the believers (of Islamic Monotheism)”
[al-Noor
24:3]
If
they had both repented to Allaah before getting married, and they regretted the
haraam things that they had done, then their marriage is valid. But if they did
the marriage contract before they repented, then the marriage is not valid and
they have to repent to Allaah and regret what they have done, and resolve not
to do such a thing again, then they should make a new marriage contract. This
has been discussed in the answer to question no. 85335.
And
Allaah knows best.
http://www.islamqa.com/en/ref/96460
A) Praise
be to Allaah.
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