Ruling On The Validity Of Nikah After Committing Zina In The Past

CategoriesMarriage [784]

Fatwa ID: 08354

 

 

Answered by: Alimah Maryam Badshah

 

Question:

 

I don’t know what to do. I am very worried and I feel my world has fallen apart. I ask a question about, I don’t remember if I actually committed zina, because it was in 2019, I am very ashamed now. I regret it. We tried to do intercourse from behind, I never did anything of this sort after this. I don’t know what gotten into me at that time. I was only 18 , but it never happened, But I keep forgetting what if it did because it was in 2019. After that I went to ‘Umrah, then I used to do good deeds too. I would give away money and also wake up for Tahajjud, I would cry too. But I specifically don’t remember if I asked Allah for forgiveness.

 

I never went back doing that unlawful act. I went for umrah three times after this. Now I got married, I saw on different platforms, that if not repented before marriage, the marriage is not valid. I am very miserable. Please help me out. I can not even tell my husband about it. He will not even look at me after I told him this. I was ashamed before marriage of this act. But I don’t remember if I repented and asked forgiveness. I abstained to go back to this act. I had chances too but I didn’t want to go into this deep bad hole. I wanted to be pure for my husband. I remember i would do good deeds too. I love my husband a lot. I cant tell him.

 

Please help me. Is my Nikaah halal with my husband. Its been just few months since I got married. I am literally not even able to talk to him properly. Please answer my question. I cant re new my Nikaah because I’ll have to tell him about my past and my family too. I am very ashamed of it. I have asked Allah for forgiveness. I am observing Itikaaf right now to seek Allah’s forgiveness. And will seek till my last breath. But I am waiting on your answer please.

 

 

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

 

Answer:

 

To commit intercourse in the way you have described is an act of zina, which is a major sin.

 

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, and that one should avoid confessing sins of this nature. 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 many 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

 

 

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