Excerpt taken from the book “Aḥkām wa Masā’il – In the Light of the Qur’an and Sunnah” by Shaykh Mubashshir Ahmad Rabbānī
A man committed fornication (zinā) with a woman, and this illicit relationship continued for some time. Can he now marry this woman? Please explain in light of the Qur’an and Sunnah.
Zinā (fornication) is among the major sins in Islamic law. If a Muslim commits this grave sin and then sincerely repents and seeks forgiveness, Allah Almighty accepts his repentance.
Allah ﷻ says:
﴿وَالَّذِينَ لَا يَدْعُونَ مَعَ اللَّهِ إِلَٰهًا آخَرَ وَلَا يَقْتُلُونَ النَّفْسَ الَّتِي حَرَّمَ اللَّهُ إِلَّا بِالْحَقِّ وَلَا يَزْنُونَ... إِلَّا مَنْ تَابَ وَآمَنَ وَعَمِلَ عَمَلًا صَالِحًا...﴾
“And those who do not call upon another god with Allah, nor kill a soul which Allah has forbidden—except in truth—nor commit fornication... whoever does so shall face the punishment... except for those who repent, believe, and do righteous deeds—for them Allah will replace their sins with good deeds.”
— [Sūrah al-Furqān: 68–70]
This verse clearly shows that if one sincerely repents after committing zinā, Allah ﷻ is Forgiving and Merciful.
If the matter does not reach an Islamic court, no ḥadd (legal punishment) is applied, and the case remains between the sinner and Allah.
The Prophet ﷺ said:
“Whoever commits any of these sins and is punished in this world, it is an expiation for him. And whoever commits one of these sins and Allah conceals it, his matter is with Allah—if He wills, He will punish him, and if He wills, He will forgive him.”
— [Ṣaḥīḥ al-Bukhārī, Book of Īmān: 18; Ṣaḥīḥ Muslim, Book of Ḥudūd: 1709]
Similarly, the Prophet ﷺ said:
“Forgive one another concerning ḥudūd (prescribed punishments), for if a ḥadd reaches me, it becomes obligatory.”
— [Sunan Abī Dāwūd: 4376; Musnad Aḥmad: 4891; Ḥākim authenticated it; al-Albānī graded it ḥasan]
Thus, if the matter was not presented before a qāḍī (judge) or Islamic ruler, the ḥadd is not implemented. After sincere repentance (tawbah), such a man may marry the woman.
ʿAbdullāh ibn ʿAbbās رضي الله عنهما said:
“If a man fornicates with a woman and then wants to marry her, the first act was zinā, the second is nikāḥ.”
— [Musannaf ʿAbd al-Razzāq: 12785]
Also reported from Ibn ʿAbbās through ʿIkrimah:
“When both repent, he may marry her. The first act was forbidden, the second is lawful.”
— [ʿAbd al-Razzāq: 13878; al-Bayhaqī: 7/100]
Imām Ibn Kathīr wrote:
“If repentance has occurred, marriage becomes permissible.”
— [Tafsīr Ibn Kathīr: 4/508]
He quoted a fatwa from Ibn ʿAbbās where a man said:
“I had unlawful relations with a woman, repented sincerely, and now wish to marry her. People object using the verse: ‘The fornicator does not marry except a fornicatress or polytheist’.”
Ibn ʿAbbās responded:
“This verse does not apply here. Marry her. If there's sin, it is upon me.”
— [Tafsīr Ibn Abī Ḥātim: 8/2521]
Jābir ibn ʿAbdullāh رضي الله عنهما also said:
“There’s no issue; the first was ḥarām (zinā), the second ḥalāl (nikāḥ).”
— [ʿAbd al-Razzāq: 7/202]
Imām al-Zuhrī, Qatādah, Ṭāwūs, and other scholars gave similar rulings.
Ṭāwūs stated:
“If a man commits zinā with a woman, he has more right to marry her than others—provided they both repent.”
— [ʿAbd al-Razzāq: 7/207]
Imām al-Marghīnānī wrote in al-Hidāyah:
“If a man marries a woman who is pregnant due to zinā, the marriage is valid.”
— [al-Hidāyah, Book of Nikāḥ: 2/312; Fatḥ al-Qadīr: 3/145]
Imām Ibn Qudāmah said:
“If both repentance and the end of ʿiddah are present, then marriage is allowed, whether to the fornicator or someone else. This is the opinion of Abū Bakr, ʿUmar, Ibn ʿAbbās, Jābir, al-Zuhrī, al-Shāfiʿī, Abū Ḥanīfah, and others.”
— [al-Mughnī: 9/564]
If the woman is pregnant due to zinā, she must complete her ʿiddah (i.e., deliver the child) before marrying.
Allah ﷻ says:
﴿وَأُولَاتُ الْأَحْمَالِ أَجَلُهُنَّ أَن يَضَعْنَ حَمْلَهُنَّ﴾
“And for those who are pregnant, their waiting period is until they deliver.”
— [Sūrah al-Ṭalāq: 4]
Also:
﴿وَلَا تَعْزِمُوا عُقْدَةَ النِّكَاحِ حَتَّىٰ يَبْلُغَ الْكِتَابُ أَجَلَهُ﴾
“Do not finalize the marriage contract until the prescribed period ends.”
— [Sūrah al-Baqarah: 235]
Ibn Kathīr states:
“There is consensus among scholars that marriage is not valid during the waiting period (ʿiddah).”
— [Tafsīr Ibn Kathīr: 1/574]
If a man and woman previously committed zinā, but now both sincerely repent, and if the woman is not pregnant or has completed ʿiddah, their marriage is valid and permissible.
❖ Question:
A man committed fornication (zinā) with a woman, and this illicit relationship continued for some time. Can he now marry this woman? Please explain in light of the Qur’an and Sunnah.
❖ Answer:
Zinā (fornication) is among the major sins in Islamic law. If a Muslim commits this grave sin and then sincerely repents and seeks forgiveness, Allah Almighty accepts his repentance.
Allah ﷻ says:
﴿وَالَّذِينَ لَا يَدْعُونَ مَعَ اللَّهِ إِلَٰهًا آخَرَ وَلَا يَقْتُلُونَ النَّفْسَ الَّتِي حَرَّمَ اللَّهُ إِلَّا بِالْحَقِّ وَلَا يَزْنُونَ... إِلَّا مَنْ تَابَ وَآمَنَ وَعَمِلَ عَمَلًا صَالِحًا...﴾
“And those who do not call upon another god with Allah, nor kill a soul which Allah has forbidden—except in truth—nor commit fornication... whoever does so shall face the punishment... except for those who repent, believe, and do righteous deeds—for them Allah will replace their sins with good deeds.”
— [Sūrah al-Furqān: 68–70]
This verse clearly shows that if one sincerely repents after committing zinā, Allah ﷻ is Forgiving and Merciful.
❖ Legal Implications if the Case Does Not Reach the Authorities:
If the matter does not reach an Islamic court, no ḥadd (legal punishment) is applied, and the case remains between the sinner and Allah.
The Prophet ﷺ said:
“Whoever commits any of these sins and is punished in this world, it is an expiation for him. And whoever commits one of these sins and Allah conceals it, his matter is with Allah—if He wills, He will punish him, and if He wills, He will forgive him.”
— [Ṣaḥīḥ al-Bukhārī, Book of Īmān: 18; Ṣaḥīḥ Muslim, Book of Ḥudūd: 1709]
Similarly, the Prophet ﷺ said:
“Forgive one another concerning ḥudūd (prescribed punishments), for if a ḥadd reaches me, it becomes obligatory.”
— [Sunan Abī Dāwūd: 4376; Musnad Aḥmad: 4891; Ḥākim authenticated it; al-Albānī graded it ḥasan]
Thus, if the matter was not presented before a qāḍī (judge) or Islamic ruler, the ḥadd is not implemented. After sincere repentance (tawbah), such a man may marry the woman.
❖ Rulings of the Sahabah and Scholars:
ʿAbdullāh ibn ʿAbbās رضي الله عنهما said:
“If a man fornicates with a woman and then wants to marry her, the first act was zinā, the second is nikāḥ.”
— [Musannaf ʿAbd al-Razzāq: 12785]
Also reported from Ibn ʿAbbās through ʿIkrimah:
“When both repent, he may marry her. The first act was forbidden, the second is lawful.”
— [ʿAbd al-Razzāq: 13878; al-Bayhaqī: 7/100]
❖ Scholarly Consensus:
Imām Ibn Kathīr wrote:
“If repentance has occurred, marriage becomes permissible.”
— [Tafsīr Ibn Kathīr: 4/508]
He quoted a fatwa from Ibn ʿAbbās where a man said:
“I had unlawful relations with a woman, repented sincerely, and now wish to marry her. People object using the verse: ‘The fornicator does not marry except a fornicatress or polytheist’.”
Ibn ʿAbbās responded:
“This verse does not apply here. Marry her. If there's sin, it is upon me.”
— [Tafsīr Ibn Abī Ḥātim: 8/2521]
Jābir ibn ʿAbdullāh رضي الله عنهما also said:
“There’s no issue; the first was ḥarām (zinā), the second ḥalāl (nikāḥ).”
— [ʿAbd al-Razzāq: 7/202]
Imām al-Zuhrī, Qatādah, Ṭāwūs, and other scholars gave similar rulings.
Ṭāwūs stated:
“If a man commits zinā with a woman, he has more right to marry her than others—provided they both repent.”
— [ʿAbd al-Razzāq: 7/207]
❖ Ḥanafī Jurists Also Permit This:
Imām al-Marghīnānī wrote in al-Hidāyah:
“If a man marries a woman who is pregnant due to zinā, the marriage is valid.”
— [al-Hidāyah, Book of Nikāḥ: 2/312; Fatḥ al-Qadīr: 3/145]
Imām Ibn Qudāmah said:
“If both repentance and the end of ʿiddah are present, then marriage is allowed, whether to the fornicator or someone else. This is the opinion of Abū Bakr, ʿUmar, Ibn ʿAbbās, Jābir, al-Zuhrī, al-Shāfiʿī, Abū Ḥanīfah, and others.”
— [al-Mughnī: 9/564]
❖ Condition of Repentance and Completion of ʿIddah:
If the woman is pregnant due to zinā, she must complete her ʿiddah (i.e., deliver the child) before marrying.
Allah ﷻ says:
﴿وَأُولَاتُ الْأَحْمَالِ أَجَلُهُنَّ أَن يَضَعْنَ حَمْلَهُنَّ﴾
“And for those who are pregnant, their waiting period is until they deliver.”
— [Sūrah al-Ṭalāq: 4]
Also:
﴿وَلَا تَعْزِمُوا عُقْدَةَ النِّكَاحِ حَتَّىٰ يَبْلُغَ الْكِتَابُ أَجَلَهُ﴾
“Do not finalize the marriage contract until the prescribed period ends.”
— [Sūrah al-Baqarah: 235]
Ibn Kathīr states:
“There is consensus among scholars that marriage is not valid during the waiting period (ʿiddah).”
— [Tafsīr Ibn Kathīr: 1/574]
❖ Conclusion:
If a man and woman previously committed zinā, but now both sincerely repent, and if the woman is not pregnant or has completed ʿiddah, their marriage is valid and permissible.
