Pre-Marital Intimacy and Marriage in Islam

Authored by: Shaykh Mubashar Ahmad Rabbani (حفظہ اللہ)

Question:
If a boy and a girl engage in pre-marital intimacy, can they marry afterward?

Answer:​

There is no doubt that zina (fornication) is a major sin in Islam. However, if someone commits this sin, feels remorse, and sincerely repents to Allah, their repentance is accepted. Allah states in the Quran:
"And those who do not invoke with Allah another deity, or kill the soul which Allah has forbidden (to be killed), except by right, and do not commit unlawful sexual intercourse. And whoever should do that will meet a penalty. Multiplied for him is the punishment on the Day of Resurrection, and he will abide therein humiliated, except for those who repent, believe and do righteous work. For them Allah will replace their evil deeds with good. And ever is Allah Forgiving and Merciful."

(Surah Al-Furqan: 68-70)
From this verse, it is evident that if a person repents sincerely, Allah accepts their repentance. If the act of fornication has not reached an Islamic court and Allah has concealed the sin, then it remains between the individual and Allah. No worldly punishment (hadd) is required unless they confess or the matter is brought before a court.

Relevant Ahadith:​

1. Repentance and Forgiveness:
   Ubadah ibn Samit (رضي الله عنه) narrated that the Prophet (ﷺ) said:
   "Whoever fulfills his pledge with Allah will have his reward with Him. Whoever commits any sin and is punished for it in this world, that will serve as an expiation for him. And whoever commits a sin and Allah conceals it, it is up to Allah to forgive or punish him."
   (Sahih Bukhari, Kitab al-Iman, Hadith 18)
   This Hadith indicates that if Allah conceals a person’s sin, no worldly punishment is necessary unless they confess.
2. Forgiveness Among People:
   The Prophet (ﷺ) also said:
   "Pardon the prescribed punishments among yourselves, for once it has reached me, it is binding."
   (Sunan Abu Dawood, Kitab al-Hudood, Hadith 4376)

Marriage After Zina:​

If the boy and girl repent sincerely, their marriage is permissible under the following conditions:

1. Pregnancy Due to Zina:
   If the girl becomes pregnant due to pre-marital intimacy:
   • Marriage during her pregnancy is invalid because Islamic law prohibits marriage during a waiting period (iddah).
   • The couple must wait until she delivers the baby before performing the marriage.
   • Allah states:
   "And for those who are pregnant, their term is until they give birth."
   (Surah At-Talaq: 4)
   Furthermore:
   "And do not determine to undertake a marriage contract until the decreed period reaches its end."
   (Surah Al-Baqarah: 235)
   Scholars unanimously agree that a marriage contract during the waiting period is invalid (Ijma`).
   Action Required:
   If the girl is pregnant at the time of marriage, the couple must annul their marriage, wait until she delivers, and then remarry.
2. No Pregnancy:
   If the girl is not pregnant at the time of marriage, the marriage is valid and permissible without any objection.

Ruling by Ibn Abbas (رضي الله عنهما):​

Ibn Abbas (رضي الله عنهما) was asked about a man who had committed fornication with a woman, repented, and intended to marry her. He responded:
"This (verse about a fornicator marrying only a fornicator or polytheist) is not applicable here. Marry her, and if there is any sin, it will be upon me."

(Tafsir Ibn Kathir, Vol. 3, Pg. 264)
This demonstrates that sincere repentance nullifies the sin, and marriage afterward is permissible.

Conclusion:​

1. If the couple sincerely repents, their marriage is valid provided:
   • The girl is not pregnant at the time of marriage.
   • If pregnant, they must wait until the child is born and then remarry.
2. Parents or society should not stigmatize such a marriage if it fulfills Islamic requirements. Islam emphasizes repentance and reform, allowing individuals to move forward in a lawful and dignified manner.