Committed Zina with Her before Conducting Islamic Marriage
Fatwa No: 417025

Question

Alsalam alikum , I am a Muslim young man who lived in Europe and met a new Muslim girl we decided to get married, we told our families and they both agreed for the marriage and because we lived in a very systematic European country. The country had to do a lot of research before the allow us to get married (because I am not European) so our marriage was delayed for for long. But during this time me and her we commit zina, we wouldn’t have done this at all but because we are young and impatient and the government made it harder for us to get properly married we fell into this sin. We eventually got married. My question here is how can I repent and is our sin as severe knowing that we had intentions to get married and we got our families acceptance ?Thank you for helping me.

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  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

Zina (fornication) is one of the grave and major sins, and the Quran and Sunnah texts warned against it. The Islamic Sharee‘ah prescribes a worldly punishment for it along with the due punishment in the Hereafter. Allah, 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]

·    {The [unmarried] woman or [unmarried] man found guilty of sexual intercourse – lash each one of them with a hundred lashes, and do not be taken by pity for them in the religion of Allah, if you should believe in Allah and the Last Day. And let a group of the believers witness their punishment.} [Quran 24:2]

It was narrated on the authority of ‘Ubaadah ibn As-Saamit  may  Allaah  be  pleased  with  him that the Prophet, sallallaahu ‘alayhi wa sallam, said: “Receive from me (this revelation); receive from me (this revelation)! Allah has ordained a way for those women (i.e. virgin females who committed Zina). When a virgin man commits Zina with a virgin woman, they should receive one hundred lashes and be exiled for a year. If they are married/previously married, they shall receive a hundred lashes and be stoned to death.” [Muslim]

What you did with this woman is considered Zina because you engaged in intercourse with a woman who was not married to you. It is impermissible for you to have sexual intercourse with her until she becomes your lawful wife, and she becomes your wife only after conducting the Islamic marriage contract. Holding the intention of marriage, the consent of the two families, and the delay in conducting the marriage contract, all of that, does not justify committing Zina and does not waive the sin. It is incumbent on you both to hasten to repentance. Repentance is easy; you simply have to fulfill its due conditions, namely, to give up the sin, regret committing it, and resolve never to commit it again in the future. Once a repentant fulfills these conditions, his repentance will be accepted, Allah Willing, so he should have good expectations of his Lord and aspire to receive what pleases him. Allah, The Almighty, Says (what means): {Say, “O My servants who have transgressed against themselves [by sinning], do not despair of the mercy of Allah. Indeed, Allah forgives all sins. Indeed, it is He Who is the Forgiving, the Merciful.”} [Quran 39:53] Abu Hurayrah  may  Allaah  be  pleased  with  him narrated that the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said: “He who repents before the sun rises from the west (i.e., before the day of Resurrection), Allah will accept his repentance.” [Muslim]

We would like to point out that there is a scholarly difference of opinion among jurists regarding the validity of the marriage of a man to the woman with whom he had committed Zina prior to their repentance. Some of them held that it is valid, while others held that it is invalid. Nevertheless, since the marriage has already taken place, it should be deemed acceptable based upon the view of those who held that it is valid. However, this should make you aware of the gravity of such a matter.

Allah Knows best.

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