Fatwa ID: 08737

 

 

Answered by: Alimah Maryam Badshah

 

Question:

 

I just got married. I saw in an video, that if a zani doesn’t repent before their nikaah, and gets married without it, the marriage contract is not valid. Is that true? I am really depressed, I love my husband dearly. I was in a haram physical relationship before my nikaah. But I was away from the sin for 4 years. I didn’t come near it. I went to umrah too thrice.

 

 

But I don’t remember if I repented for sin specifically before marriage or not. Otherwise I used to do istaghfar regularly. If I knew that is the case, I would have done it. Ever since I got to know about this, I have been asking for HIS forgiveness day and night. Can you please tell me. Is my nikaah valid?

 

 

 

 

In the name of Allah, the Most Gracious, the Most Merciful

 

 

Answer:

 

Allah (swt) says: “Do not go near Zina, indeed it is an immorality and an evil way.” Surah Al-Isra’ (17:32)

 

 

It is the opinion of many scholars that if a person who had committed zina repents before marriage, the marriage would be valid. Allah (swt) has stated many times in the Qur’an that He is willing to forgive all sins, so long as we ask. Major sins are only forgiven through sincere repentance or an accepted Ḥajj. A sincere repentance is to ask Allah (swt) for forgiveness, thereafter leaving the sin entirely and be sincere in both respects.

 

 

From what you have stated, you have committed good deeds in hopes of receiving forgiveness for this act. The intent to seek forgiveness through an act, even though you may or may not have articulated your purpose in direct terms, would encompass the intention of asking forgiveness for the sin. As you have sought the forgiveness of Allah (swt), your marriage contract would be valid. Continue to do good deeds in your attempt to absolve yourself of this grave sin.

 

 

“Except for those who repent, believe and do righteous work. For them Allah will replace their evil deeds with good. And ever is Allah Forgiving and Merciful. ۝ And whoever repents and does good deeds, then indeed he has truly turned to Allah with repentance. ۝” Surah Al-Furqān (25:70-1)

 

 

 

References:

﴿ وَلَا تَقْرَبُوا الزِّنَىٰ ۖ إِنَّهُ كَانَ فَاحِشَةً وَسَاءَ سَبِيلًا ۝﴾

Qur’an (17:32)

ثُمَّ اعْلَمْ أَنَّ تَجْوِيزَهُمْ تَكْفِيرَ الْكَبَائِرِ بِالْهِجْرَةِ وَالْحَجِّ مُنَافٍ لِنَقْلِ عِيَاضٍ الْإِجْمَاعَ عَلَى أَنَّهُ لَا يُكَفِّرُهَا إلَّا التَّوْبَةُ وَلَا سِيَّمَا عَلَى الْقَوْلِ بِتَكْفِيرِ الْمَظَالِمِ أَيْضًا، بَلْ الْقَوْلُ بِتَكْفِيرِ إثْمِ الْمَطْلِ وَتَأْخِيرِ الصَّلَاةِ يُنَافِيهِ لِأَنَّهُ كَبِيرَةٌ وَقَدْ كَفَّرَهَا الْحَجُّ بِلَا تَوْبَةٍ.

Raddul Muhtār (Vol.2, pg.624, Dār Al-Fiqr)

Ma’āriful-Qur’ān (4:31) (Vol.2, pg.405-408, Maktaba-e-Darul-’Uloom, Karachi)

Ma’āriful-Qur’ān (25:70-1) (Vol.6, pg.513-16, Maktaba-e-Darul-’Uloom, Karachi)

﴿ إِلَّا مَن تَابَ وَآمَنَ وَعَمِلَ عَمَلًا صَالِحًا فَأُولَٰئِكَ يُبَدِّلُ اللَّهُ سَيِّئَاتِهِمْ حَسَنَاتٍ ۗ وَكَانَ اللَّهُ غَفُورًا رَّحِيمًا ۝ وَمَن تَابَ وَعَمِلَ صَالِحًا فَإِنَّهُ يَتُوبُ إِلَى اللَّهِ مَتَابًا ۝﴾

 

Qur’an (25:70-1)

 

 

 

Only Allah (عز و جل) knows best.

Written by Alimah Maryam Badshah

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham