Wants to marry in secret to protect himself from Zina
Fatwa No: 132395

Question

assalam
i m 19 of age. a hindu girl was my freind in my school 3 years ago.(may allah forgive me) She then migrated to other city and me to other(600 km apart)but still remained in contact on phone.in nov 2008 allah blessed her with islam. she still remained in my contact and i went to her city to give her some books. but i met her alone and even touched her.now .since then i have gone to meet her 4 times and committed the same and with no intercourse, each time repenting to allah and sincerely swearing not to go again but failed each time. wallah i do not want to commit sins but sometimes i am swept away by shaitan as there are a lot of fitna in my college and even my muslim freinds are indulged in them.so i have isolated myself from them.but i feel so lonely and wish to talk to her and then things go wrong.
to save myself from zina of all kinds now i want to marry her she living at her home and me at min( in her city`s jama masjid after friday prayer and the imam being her wali).i can give her mahr and feed her if needed.but i have two problems;
1.i know my parents will never be ready for this and thay will say me to wait for 4-5 years as i am so young.
trying to convince them will result in tension only for my parents.so i want to hide it from them.
2.i am only 18 by certificate.by indian law minimum marrigiable age is 21.if after three years i will take her to home her guardian will go to court and law will ask for marriage certificate which will be of my minor age.
this will not be a valid certificate.and i will be separated from her and maybe jailed if i make fake certificate it will be false shahadah which too is great haraam. so to show the goverment can i marry her again to make a new marriage certificate and to show my parents that i am marrying her at a valid age?
if i dont marry her i fear that will commit zina if not of private parts then at least of tongue and other sins. she is a good muslim now and did the sins unknowiingly what to do?

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger.

 

You are obliged to take the initiative to repent and cut any relationship that you have with this girl as such a relationship is a means that leads to committing what causes the anger of Allaah. Allaah Says (what means): {And do not approach unlawful sexual intercourse. Indeed, it is ever an immorality and is evil as a way.}[Quran 17:32] The scholars said: “Allaah cautioned us by the word ‘approach’ as a way of attracting our attention to be careful of the means that leads to it (i.e. to unlawful sexual intercourse).” For more benefit, please refer to Fataawa 81356 and 86527.

On the other hand, you should take the initiative to marry, as this is the best way to protect yourself from Zina (fornication or adultery). If a person fears he will commit Zina, marriage becomes an obligation for him. For more benefit on the ruling on marriage, please refer to Fataawa 81853 and 84026.

As for your parents, you should try to convince them to accept that you marry. If they accept, then this is what is required, and if they insist on refusing, then you are not obliged to obey them because it is not an obligation to obey the parents in matters that cause harm to the son.  For more benefit on the limits of obedience to parents, please refer to Fatwa 84942. Moreover, you are not obliged to inform your parents about your marriage.

As regards forging documents, then this is forbidden and the Prophet considered it as one of the grave major sins as in the Hadeeth reported by Al-Bukhari and Muslim so it is not permissible to forge documents except in case of necessity and there is no necessity in your case, because it is possible to carry out a fake contract just to carry out the procedures of the court while this contract has no effect. Rather, what is effective is the first contract.

The following matters should be mentioned:

1-    According to the most preponderant opinion, the guardian is a condition for the validity of marriage, so the Muslim guardian of this girl is the one who has the right to carry out the marriage contract. If she has no Muslim guardian, then it is the Muslim judge who should marry her off or any one who acts on his behalf in your country. For more benefit, please refer to Fatwa 83629.

2-    You are obliged to expiate for every oath that you broke and returned to the sin after it; for more benefit, please refer to Fatwa 82135.

Allaah Knows best.

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