Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

 

One of our brothers/sisters has asked this question:

if a person has committed zina with a woman,is it anyhow possible to perform nikaah with the same woman.i ve heard that islam does not allow nikaah with someone a person has comitted zina with.Can u please in the light of quran and sunaah answer it. 

 

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

 

Answer:

 

Can one marry zani adulterer

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person,  no grave, no prophet,  no imam,  no dai,  nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

Allah Says in the Holy Quran Chapter 24 Surah Nur verses 2-5:

2        The woman and the man guilty of ‘zina’ (fornication) flog each of them with a hundred stripes: let not compassion move you in their case in a matter prescribed by Allah, if ye believe in Allah and the Last Day: and let a party of the believers witness their punishment.

3        Let no man guilty of ‘zina’  marry any but a woman similarly guilty or an unbeliever, nor let any but such a man or an unbeliever marry such a woman: to the believers such a thing is forbidden.

4        And those who launch a charge against chaste women and produce not four witnesses (to support their allegation) flog them with eighty stripes: and reject their evidence ever after: for such men are wicked transgressors

5        Unless they repent thereafter and mend (their conduct): for Allah is Oft-Forgiving, Most Merciful.

 

It is not permissible in Islam for a believer to knowingly seek in marriage an immoral and impious woman who has been convicted or has confessed committing ‘zina’; nor is it permissible for a believing woman to knowingly agree to marry an immoral and impious man who has been convicted or has confessed committing ‘zina’, unless of course the person guilty of ‘zina’ repents and amends his/her conduct, for Allah is indeed Forgiving, Most Merciful. 

 

Al-Tirmidhi Hadith 2357        Narrated by Abdullah ibn Mas'ud

Allah's Messenger (saws) said, "He who repents of a sin is like him who has committed no sin."

 

The prohibition to marry is only for those adulterous men and women who do not repent for their abomination of ‘zina’, nor amend their conduct; but wish to continue their immoral activities without fear of Allah and the Last Day; it is to such manifest transgressors and evildoers that Islam has absolutely forbidden the believers to seek in marriage.

 

Your Question: if a person has committed zina with a woman,is it anyhow possible to perform nikaah with the same woman.

If the man and the woman who committed the abomination of ‘zina’ are eligible non-mehrams to each other, and it is manifest that both have sought sincere repentance from their Lord for their abomination and seek to amend their conduct; although there is no compulsion for them to marry, there is absolutely no harm nor restriction in Islam if the two of them wish to get married to each other.  

 

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone.  Allah Alone Knows Best and He is the Only Source of Strength.

 

 

Your brother and well wisher in Islam,

 

Burhan