Fatwa: # 15106
Category: Character & Morals
Country: United Arab Emirates
Date: 26th April 2007

Title

Is my marriage valid with her as she has done Zina?

Question

I married to a catholic girl one year back, she had accepted islam with her own will one year before our marriage. I am in love with her from 7 years... I am workin in dubai and she stays in india for her studies a month back i heard that she has an affair with a other guy from 8 months i asked her over the phone but she refused it. I had no choice i went to india and got it proved now she is crying and asking for a last chance, she also says she will improve and become a aalimah [scholar of islam] i really love her alot i wanted her to improve, i gave her a last chance and came back to dubai and joined my work and now i heard about a new guy was also carrying on with her that guy confessed me each and everything also they had done zina 2 days...

1) can she ever improve.
2) according to islam what is punishment for her.
3) is my marriage valid as she had done zina with other guys.
4) shall i give her a chance, cant take help from family nor friends about this question.
5) what made her suddenly changed she was so good what could be the reason behind this please help.

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

There are two aspects to your query

a)      your relationship with her

b)      advice on marrying her after she committed Zina

At the outset, it is important for you to understand that it is Haraam for you to have any relation with her as she is a stranger to you. Until you do not perform a Nikah with her, she is not considered your wife and hence you cannot have any relation with her. Your relation with her even though not being physical is also considered as Zina (fornication). Rasulullah ( sallallahu alayhi wasallam ) said “The eyes also commit Zina, the hands also commit Zina and the feet also commit Zina”. Therefore you should sincerely repent to Allah for your wrongs and make a determination never to repeat the same.

You state that you have caught her in another relationship. It is your choice to marry a woman with these morals and values. You also state that she has apologized for the first encounter and now has a second relation. It seems that she has a habit of such behaviour. If she has inherited this behaviour due to your Haraam relation with her, you are responsible for that and will have to bear the sin of her evil as well.

You may liaise with her family and inform them regarding her actions. You may also advise them to remind her of death, life after death and accountability in the Court of Allah for our wrong doings. Perhaps she may take heed and mend her ways and make Tawbah and be remorseful over her past.  

According to Shariah, your Nikah will be valid with her bearing in mind her past. If you had identified her as a suitable wife for you, you should have informed your parents and made the necessary arrangements for marriage and at least perform the Nikah. This would stop her from falling into Haraam. Nevertheless, if you still want to marry her, you must immediately think of ways to proceed with the marriage and avoid further complications.

And Allah knows best

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa

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