Fatwa ID: 04623
Answered by: Mufti Afzal Hussain
Question
I have a few questions, you are requested to please send me the accurate answers to the following.
Question1: If prior to the wedding, I had physical contact with my “now wife”, would I be accountable for it, in terms of punishment mentioned in Islam, if so what is the punishment?
Question2: If an adult girl, without permission of an Islamic legal guardian, decides to get married to a guy, with whom she had sexual affair, would it be equivalent to Islamic Nikah? If not, what contradictions apply to this situation in light of Islam?
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
- If you have done tawbah and have repented, then you don’t have to worry about punishment. Allah is All-Forgiving and All-Merciful.
- Marrying without Guardian (Wali): Imam Abu Hanifah and Abu Yousuf’s (Rahimahumullah) opinion is that ” the marriage of a free, sane and adult woman without the permission of her guardian (wali) is valid.” [see: Sarhul Wiqayah, chapter: Babul Wali wal Kufu, vol:2, publisher: Islamiah Kutub khana, Dhaka. Fatawa Alamgheeri, Masalah number:22, chapter: Wali, publisher: Meena Book House, Dhaka]
Only Allah knows best
Written by Mufti Afzal Hussain
Checked and approved Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
