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Fatwa CenterWants to marry a non-Muslim with whom he had sex
Question
I'm a Muslim man living in a Muslim country. I have met a Christian woman via net two years ago and we wish to marry each other and live together in USA. She was living apart of her ex-husband with her daughter since 2000. She only finalized the divorce on January, 2005. The problem is the divorce has not been finalized while she has visited me in my country on 2004. And unfortunately, we were unable to control our feelings when we were in person. I know that we have made a great sin but I want to ask if it's fornication or adultery. Because she was apart of her husband about 5 years. It's worse if I have made love with a married woman. By the way, she recently converted to Islam and we have agreed that we will do Islamic marriage at the mosque when I will be there in USA.
Please advice us, what we should do to make our GOD forgive us about what we have done before get married? Is it permissible to get married after Faahisha? Is it necessarily for her to have Muslim Waali in marriage even she is grown? Your help is greatly appreciated.
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. We ask Allaah to exalt his mention as well as that of his family and all his companions.
What you did is a major great sin, so you immediately have to cut all your relations with this woman and repent from the sin. We have mentioned the rulings of illegal sexual intercourse and repentance in our Fataawa 81940 and 83145.
Marrying after committing adultery is not allowed unless one sincerely repents as we mentioned in our Fataawa 83176 and 83769.
A woman can not marry without the approval of her guardian, if she does not have a Muslim guardian after accepting Islam, then the Muslim authorities in her area can act as her guardian. For the details read Fatwa 88488.
Finally, you should refer the woman to consult Islamic centers or pious Muslim women to know how to embrace Islam.
As long as the divorce was not finalized she is considered a married woman, and the act of an illegal sexual intercourse by a married person is adultery.
Allaah Knows best.
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