Home
Discover Islam
Quran Recitations
Lectures
Fatwa
Articles
Fiqh
E-Books
Women
Boys & Girls 
Enter Question
View By Subject
Fatwa Of The Week
Selected Fatwa
Fatwa CenterShe got divorced to marry the man with whom she committed Zina
Question
Hi there, I have a Muslim friend and she committed zina while she was married with her first husband. She persuaded her family that she wants to divorce her husband but the reasons that she used were illogical and fake because she was getting attracted to another man who took good care of her during rough times. Meanwhile, the convincing was going on, she was already involved with this man and committed Zina with him. The divorce took place on grounds of what she had mentioned about her X-husband. Then later down the road, she had Nikah with her current husband but she found out after that her Nikah with her current husband is invalid since she committed adultery with him while she was in the Nikah of her first husband. They don't have any kids yet but she wants to spend her rest of the life with him and she is truly feeling guilty of her mistakes but she doesn't want to let go of her husband because she really loves him! Now my question is to you that whether this marriage is really valid or not? If not is there anything that could be done to make this marriage valid and they stay together for the rest of their lives. She is really guilty of what she has done but she doesn't want to lose him either if possible. But so far she didn't get any positive answer. Please help me with his ASAP before she has to file a divorce in the name of Islam!
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
First of all, this woman is obliged to take the initiative to repent from committing Zina (fornication or adultery) as this is a grave major sin; this sin is even greater as she is a married woman. For more benefit, please refer to Fatwa 86527.
Usually, it is being lenient in dealing with a non-Mahram man that leads to committing such a sin, so one should be careful about this. Besides, it is not permissible for a woman to allow a non-Mahram man to enter upon her or be in seclusion with her if there is no male Mahram with her, and the like.
Similarly, it a sin for a wife to ask her husband for divorce without a sound reason. However, if this woman was divorced from her first husband and her waiting period from him expired, then she married the second husband after they both had repented to Allaah, then the marriage is valid.
The fact that she had committed Zina with him while she was still married to the first husband does not make this second marriage void. For more benefit, please refer to Fatwa 86731.
On the other hand, if that man had caused the spoiling of her marital relationship with her husband and he was the reason for her divorce from him, then he is sinful.
Indeed, some jurists 
are of the view that the marriage of a man with the woman for whom he was the cause of spoiling the marital relationship with her husband is void, but the majority of the scholars are of the view that this marriage is valid. For more benefit, please refer to Fatwa 92056.
To conclude, the marriage of this woman according to the situation that you mentioned in the question is valid if they both had repented before the marriage contract. If they had not repented before the marriage, then there is a difference of opinion on its validity, but the majority of the scholars are of the view that this marriage is valid.
Allaah Knows best.
Search Fatwa
Fatwa Subject
