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Fatwa CenterHe married a non-Muslim woman with whom he committed adultery
Question
As a virgin, I committed the crime of zina (adultery) with a non-Muslim adulterous woman. I repented, and in order to save my soul, I married her knowing that she only accepted Islam so that she and I could be married. Later, we married again, but this time I thought that she really believed in Islam even though her faith was at a very weak stage. She later showed me doubts, but I asked her to continue to pray and read. She is still depicting doubts. I understand that this marriage is invalid and that I have committed zina all this time. She is now again studying about Islam, and I am not with her. I have asked her if she accepts Islam so that I can marry her. Since as a fornicator I now understand that Allaah commands me to marry a [female] fornicator, then if that is so I might as well marry the one whom I have been helping in converting for the past two years. I find myself in this ridiculous situation, and if I have to leave this woman, I am willing to do so, and if I have to put up with her, then I am willing to do that as well. Please guide me for I am confused.
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, sallallaahu ʻalayhi wa sallam, is His slave and Messenger.
Zina is one of the grave sins and the Islamic sharee'ah strongly warned against it. Allaah, The Exalted, says (what means): {And do not approach unlawful sexual intercourse. Indeed, it is ever an immorality and is evil as a way.} [Quran 17:32] You did well by repenting to Allaah, and we ask Him to accept your repentance and guard you and your religiosity.
If that woman pretended to embrace Islam (just to marry you) and did not convert out of sincere conviction, then her conversion is invalid and, accordingly, your marriage to her is invalid as well. Muslim scholars underlined that firm conviction that is free from any doubt is among the conditions for the validity of the proclamation of the testimony of faith - “No deity is worthy of worship but Allaah.” Allaah, The Exalted, says (what means): {The believers are only the ones who have believed in Allaah and His Messenger and then doubt not...} [Quran 49:15] Moreover, they defined Islam as: “Submission to Allaah manifested in the belief in His unique oneness, submissive compliance with His commandments and obedience to Him, and the disassociation from disbelief and disbelievers.”
Based on the assumption that this woman was from the People of the Book (Christian or Jew), then you should know that it is permissible for the Muslim man to marry a woman from the People of the Book provided that she is chaste. However, this woman has committed zina; therefore, your marriage to her is invalid. Please refer to fatwa 82067.
You are not obliged to wait for her until she has firm conviction. If she converts to Islam out of sincere conviction and becomes a good Muslim, observing the apparent rites and acts of worship of Islam, then you may marry her; otherwise, you are advised to end your relationship with her so that you would not be in danger of again committing zina with her. Verily, nothing equals safety.
As for your remark that Allaah has commanded you to marry an adulterer only, perhaps you are referring to the verse that reads (what means): {The fornicator does not marry except a [female] fornicator or polytheist, and none marries her except a fornicator or a polytheist, and that has been made unlawful to the believers.} [Quran 24:3] Actually, you have misunderstood the verse. Please refer to fataawa 88697 and 84879 for the correct interpretation of the verse.
Allaah knows best.
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