Monday 4 July 2011

Marriage after a haraam relationship in which there was no zina



Marriage after a haraam relationship in which there was no zina
ar - en
A man and a woman repented from an unlawful sexual relationship, but they continued to kiss and embrace, but without a sexual relationship, then they got married after that. Is this marriage permissible?.

 

Praise be to Allaah.

Firstly: 

A relationship
between a man and a woman outside of marriage, which is what is called an
unlawful relationship, is haraam, regardless of the level of this
relationship and whether it goes as far as an intimate relationship or zina
(sexual relationship), which is the most reprehensible and abhorrent type of
sins and one of the gravest of major sins that poses the greatest danger to
the individual’s religious commitment and faith, or it is less than that,
such as looking, touching or kissing. All of that is haraam and these are
types of zina in the general sense, and are things that lead to the greater
immoral action. 

See the answers to
questions no. 27259,
23349 and
9465. 

Secondly: 

If marriage takes
place after a haraam relationship between a man and woman, then one of the
following scenarios must apply: 

1.

Either that
marriage comes after an illegitimate sexual relationship, in which case the
marriage is not valid except on the condition that both the man and woman
repent from zina and it be established that the woman is not pregnant as a
result of the haraam relationship, because Allah, may He be exalted, says
(interpretation of the meaning): “The adulterer/fornicator marries not
but an adulteress/fornicatress or a Mushrikah; and the
adulteress/fornicatress, none marries her except an adulterer/fornicater or
a Mushrik [and that means that the man who agrees to marry (have a sexual
relation with) a Mushrikah (female polytheist, pagan or idolatress) or a
prostitute, then surely, he is either an adulterer/fornicator, or a Mushrik
(polytheist, pagan or idolater). And the woman who agrees to marry (have a
sexual relation with) a Mushrik (polytheist, pagan or idolater) or an
adulterer/fornicator, then she is either a prostitute or a Mushrikah (female
polytheist, pagan, or idolatress)]. Such a thing is forbidden to the
believers (of Islâmic Monotheism)” [al-Noor 24:3]. 

For more
information please see the answer to questions no.
85335 and
11195. 

2.

That marriage
comes after a haraam relationship, but the relationship did not go as far as
zina, such as kissing, touching and other haraam actions that are less
serious than zina. In this case the marriage is valid, because it cannot be
said of those who fell into this haraam relationship that they committed
zina. 

For more
information please see the answer to question no.
106288. 

And Allah knows best.

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