The Validity of the Marriage of an Adulteress before Repentance
Fatwa No: 461569

Question

I have committed zina with my now husband before marriage. I have not repented before marrying him. But now, after 2 years of marriage, I feel so ashamed of my sin and have repented to Allah. Is my marriage invalid? Should I remarry before planning for kids ?

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad sallallaahu`alayhi wa sallam is His slave and Messenger.

You have done well by repenting from this sin, and the one who repents from sin is as the one who has not sinned. So do not look back to the past but look forward to the future. We ask Allah Almighty to protect you and preserve your religion, and to bless both of you with this marriage and to bless you with righteous offspring.

Scholars have differed as to the validity of the marriage of an adulteress before repentance, but many of them are of the view that it is valid.

Because of the negative consequences of invalidating the marriage after consummation and of the prolonged time, our view in Islamweb is that there is nothing wrong with you taking the saying of those who validate this marriage.

Ash-Shatibi  may  Allaah  have  mercy  upon  him said in Al-Muwafaqat: “A marriage that is differed in its validity, may have its validity considered. Thus, no separation occurs after consummation, considering the consequences that come after consummation, makes the validity of the marriage in favor. That is all in consideration of what leads to the judgment of cassation and nullification by referring to its corruption, which amounts to a prohibition or more.

Based on this, you do not have to repeat the marriage contract, rather continue with it and improve each other's companionship as if nothing had happened. Do not pay attention to any whispers that may come to your mind, rather distract yourself from them. Turning away from those whispers is the best way to get rid of them.

Allah Knows best.

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