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My question is regarding ZINA.

Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

 

One of our brothers/sisters has asked this question:

Assalamalaikum, my question is regarding ZINA. There is this friend I know who just found out that she is 3months pregnant with her boyfriend with whom she had committed zina. I want to know wether they can get married at this stage and wether their Nikah would be valid since she is pregnant? And wether she has to be in Iddah before marriage? I also want to know when they can face their punishment (100 lashes) and what happens if they don`t face this punishment? What are the consequences? Please advice.

 

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Answer:

 

Committed zina

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

Your Question: There is this friend I know who just found out that she is 3months pregnant with her boyfriend with whom she had committed zina.

Allah says in the Holy Quran Chapter 17 Surah Israa verse 32:

Do not even go near zina (fornication or adultery) for it is a very indecent thing and a very evil way!

 

Dear and beloved sister in Islam, the absolute first thing your should advise your friend who has transgressed the boundaries of her Lord Creator and committed the heinous sin of zina to do is to immediately turn to her Lord in taubah and sincerely seek Allahs forgiveness for her manifest transgression; if she is sincere in seeking repentance, it is expected that she will find her Lord Forgiving and Merciful.

 

Allah says in the Holy Quran Chapter 39 Surah Zumur verses 53-54:

(O Prophet) say: O My servants who have wronged their own souls.Do not despair of Allahs Mercy! Surely, Allah forgives all sins. He indeed is the All Forgiving, All Merciful. Return to your Lord and submit to Him before the scourge (death) overtakes you; for then you may get no help from anywhere.


 

Allah says in the Holy Quran Chapter 3 Surah Ale Imraan verse 135-136:

Allah likes such good people very much, who, if ever they commit a base deed or wrong their own soul by the commission of a sin, remember Allah instantly, and ask for forgiveness from Him for their shortcomings. For who, but Allah, can forgive sins? (And Allah loves those) who do not knowingly persist in the wrongs they did. These will be rewarded with forgiveness from Allah, and with Gardens beneath which canals flow, and they will reside therein forever! How excellent is the reward of those who do good deeds!

 

Allah says in the Holy Quran Chapter 25 Surah Furqaan verses 63-71:

The (true) servants of the Merciful are those who walk humbly on the earth. When the ignorant people behave insolently towards them, they say, Peace to you; (And those) who pass their nights in prostrating themselves and standing before their Lord and pray, O our Lord, save us from the torment of Hell, for its torment is killing! It is an evil abode, and an evil resting place. (And those) who, when they spend are neither extravagant, nor miserly, but keep the golden mean between the two extremes. (And those) who do not invoke any god but Allah Alone, nor kill a soul unjustly, which Allah has forbidden, nor commit adultery He who does this shall be punished for his sin, and his torment shall be doubled on the Day of Resurrection, and he shall abide in a state of ignominy; EXCEPT THE ONE WHO MAY HAVE REPENTED (AFTER THOSE SINS), AND HAVE BELIEVED AND DONE RIGHTEOUS DEEDS. For then, Allah will change his evil deeds into good deeds, and He is very Forgiving and Merciful. In fact, one who repents and does righteous deeds, returns to Allah as one rightly should!

 

Allah says in the Holy Quran Chapter 6 Surah Anaam verse 54:

When those come to you who believe in Our Signs, say: "Peace be on you! Your Lord had inscribed for Himself (the rule of) Mercy. Verily if any of you did evil in ignorance, and thereafter repented and amended (his conduct), Lo! He is Oft-Forgiving, Most Merciful."

 

Al-Tirmidhi Hadith 2357 Narrated by Abdullah ibn Mas'ud

Allah's Messenger (saws) said, "He who repents of a sin is like him who has committed no sin."

 

Your Question: I want to know wether they can get married at this stage and wether their Nikah would be valid since she is pregnant?

Provided all the obligatory conditions of nikaah (determination of mehr, two witnesses, consent of the wali of the bride, etc.) are fulfilled, the state of the womans unlawful pregnancy by itself has absolutely no legal bearing on the validity of the nikaah.

 

The child because it was conceived out of wedlock, even if the couple do marry, will be an unlawful child in the Sight of Shariah; thus the child, although absolutely innocent of the crime of zina committed by its biological parents, will neither be recognized by the name of its biological father, nor will it inherit its father, nor will its father inherit from the child. The child will be recognized by the mothers name.

 

Your Question: And wether she has to be in Iddah before marriage?

The waiting period of iddah is prescribed by Allah Subhanah for wife whose husband dies, or if she is divorced. There is no iddah prescribed in Islam for a woman before marriage.

 

Your Question: I also want to know when they can face their punishment (100 lashes) and what happens if they don`t face this punishment? What are the consequences?

The prescribed punishment of 100 lashes can only be prescribed by the Judge of a Shariah Court when the case has been brought to a Shariah Court of Law. That is the prescribed punishment a righteous society is commanded to extract from those guilty of the heinous crime of zina in the life of this world.

 

But if the case of the transpired zina is not brought to court, the guilty parties may escape the prescribed punishment for their heinous sin in the life of this world, but they will never escape the severe punishment for their transgression in their life of the Hereafter unless and until they turn back to their Lord in taubah and seek sincere forgiveness for their sin.

 

Whatever written of Truth and benefit is only due to Allahs Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

 

Your brother and well wisher in Islam,

 

 

Burhan


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