She committed Zina before consummating her marriage

16-5-2012 | IslamWeb

Question:

Asalmu-caleykum Dear brothers in Islam my question is: A friend of me married a girl,the girl's family is in Europe and my friend is in Somalia, so the wedlock occurred in Europe. They did not come together for 4 years, then the girl came to Somalia so they had honey-moon, unfortunately she told him that once she had sexual intercourse with someone else when she was in Europe after their wedlock. So, is it obligatory for my friend to divorce her, and hence there is no Islamic government in Somalia that fully control the country and can punish the girl in the way of Islamic law(Killing her to death with stones). Jazaka-Allah

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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, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.

This girl must have repented to Allaah and concealed her sin and not have informed anyone about her sin of Zina (fornication or adultery) be him a husband or anyone else. For more benefit, please refer to Fataawa 108015 and 83573.

If this girl has repented, it is permissible for her husband to keep her as his wife as we clarified in Fatwa 88481.

Finally, it should be noted that it is not an obligation on a person to confess that he/she had committed Zina so that the Hadd (i.e. the corporal punishment determined by the Islamic Law) would be implemented on him/her even if the Islamic Sharee’ah is applied. Rather, it is permissible for him/her to conceal his/her sin and repent to Allaah. Also, not everyone who has committed Zina should be stoned to death; rather, stoning to death is for someone who has committed Zina while he/she is married or was previously married.

Allaah Knows best.