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Marrying girl one had oral sex with

Question

Assalaamu alaykum. A girl and a boy have had oral sex; he also rubbed his member on hers, but no intercourse took place. Can they immediately marry without waiting for the menstrual cycle given that no intercourse and so there is no risk of pregnancy?

Answer

All perfect praise be to Allah, The Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad, sallallahu ‘alayhi wa sallam, is His slave and Messenger.

First of all, they must hasten to sincerely repent to Allah of their sin. The conditions of sincere repentance were explained in fatwa 86527. Muslims should beware of being lenient when a man deals with a non-Mahram (marriageable) woman, such as being alone with her or the like, which may lead to committing adultery or what leads to it (foreplay).

What this boy and girl did falls into the category of foreplay, i.e. it is not actual adultery (penetration) which entails the obligation to delay her marriage until she is certain that she is not pregnant from adultery, as some scholars mentioned regarding the rulings of marrying an adulteress.

Hence, there is no religious impediment that the boy marries her. For more benefit, please refer to fatwa 91768.

Allah knows best.

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