My question is regarding ZINA.
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:
Assalamalaikum,
my question is regarding ZINA. There is this friend I know who just found out
that she is 3months pregnant with her boyfriend with whom she had committed
zina. I want to know wether they can get married at this stage and wether their
Nikah would be valid since she is pregnant? And wether she has to be in Iddah before
marriage? I also want to know when they can face their punishment (100 lashes)
and what happens if they don`t face this
punishment? What are the consequences? Please advice.
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Answer:
Committed zina
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 none worthy of worship but Allah Alone, and we bear witness that
Muhammad (saws) is His slave-servant and the seal of His Messengers.
Your Question: There
is this friend I know who just found out that she is 3months pregnant with her
boyfriend with whom she had committed zina.
Allah says in the Holy
Quran Chapter 17 Surah Israa verse 32:
Do not even go near
‘zina’ (fornication or adultery) for it is a very indecent thing and a very
evil way!
Dear and beloved sister in Islam, the absolute first thing
your should advise your friend who has transgressed the boundaries of her Lord
Creator and committed the heinous sin of ‘zina’ to do is to immediately turn to
her Lord in ‘taubah’ and sincerely seek Allah’s forgiveness for her manifest
transgression; if she is sincere in seeking repentance, it is expected that she
will find her Lord Forgiving and Merciful.
Allah says in the Holy
Quran Chapter 39 Surah Zumur verses 53-54:
(O Prophet) say: “O My
servants who have wronged their own souls….Do not despair of Allah’s
Mercy! Surely, Allah forgives all sins. He indeed is the All Forgiving, All Merciful. Return to your Lord and submit to Him before
the scourge (death) overtakes you; for
then you may get no help from anywhere.”
Allah says in the Holy
Quran Chapter 3 Surah Ale Imraan verse 135-136:
Allah likes such good
people very much, who, if ever they
commit a base deed or wrong their own soul by the commission of a sin, remember Allah instantly, and ask for forgiveness from Him for their
shortcomings. For who, but Allah,
can forgive sins? (And Allah
loves those) who do not knowingly persist in the wrongs they did. These will be rewarded with forgiveness from
Allah, and with Gardens beneath which
canals flow, and they will reside
therein forever! How excellent is the
reward of those who do good deeds!
Allah says in the Holy
Quran Chapter 25 Surah Furqaan verses 63-71:
The (true) servants of
the Merciful are those who walk humbly on the earth. When the ignorant people behave insolently
towards them, they say, “Peace to you”; (And those) who pass their nights in
prostrating themselves and standing before their Lord and pray, “O our
Lord, save us from the torment of
Hell, for its torment is killing! It is an evil abode, and an evil resting place”. (And those) who, when they spend are neither extravagant, nor miserly,
but keep the golden mean between the two extremes. (And those) who do not invoke any god but
Allah Alone, nor kill a soul
unjustly, which Allah has forbidden, nor commit adultery… He who does this shall
be punished for his sin, and his torment
shall be doubled on the Day of Resurrection, and he shall abide in a state of
ignominy; EXCEPT THE ONE WHO MAY HAVE
REPENTED (AFTER THOSE SINS), AND HAVE
BELIEVED AND DONE RIGHTEOUS DEEDS. For
then, Allah will change his evil deeds
into good deeds, and He is very
Forgiving and Merciful. In fact, one who repents and does righteous
deeds, returns to Allah as one rightly
should!
Allah says in the Holy
Quran Chapter 6 Surah Anaam verse 54:
When those come to you
who believe in Our Signs, say:
"Peace be on you! Your Lord had
inscribed for Himself (the rule of) Mercy.
Verily if any of you did evil in ignorance, and thereafter repented and amended (his
conduct), Lo! He is Oft-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."
Your Question: I
want to know wether they can get married at this stage and wether their Nikah
would be valid since she is pregnant?
Provided all the obligatory conditions of ‘nikaah’ (determination
of mehr, two witnesses, consent of the ‘wali’ of the bride, etc.) are
fulfilled, the state of the woman’s unlawful pregnancy by itself has absolutely
no legal bearing on the validity of the nikaah.
The child because it was conceived out of wedlock, even if the couple do marry, will be an unlawful child in the Sight of Shariah; thus the child, although absolutely innocent of the crime of ‘zina’ committed by its biological parents, will neither be recognized by the name of its biological father, nor will it inherit its father, nor will its father inherit from the child. The child will be recognized by the mother’s name.
Your Question: And
wether she has to be in Iddah before marriage?
The waiting period of ‘iddah’ is prescribed by Allah
Subhanah for wife whose husband dies, or if she is divorced. There is no iddah prescribed in Islam for a
woman before marriage.
Your Question: I
also want to know when they can face their punishment (100 lashes) and what
happens if they don`t face this punishment? What are the consequences?
The prescribed punishment of 100 lashes can only be
prescribed by the Judge of a
But if the case of the transpired ‘zina’ is not brought to
court, the guilty parties may escape the prescribed punishment for their
heinous sin in the life of this world, but they will never escape the severe
punishment for their transgression in their life of the Hereafter unless and
until they turn back to their Lord in ‘taubah’ and seek sincere forgiveness for
their sin.
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
