❀ Ruling on Shari‘ah-Compliant Marriage After Repentance ❀
A boy and girl had unlawful relations three to four years ago. During this time, the girl spoke to her mother, who approved of their relationship, and the marriage date was fixed. On the wedding day, however, the girl’s naïve father was prevented by her brothers from proceeding, and a message was sent that the marriage should not take place. The girl’s mother conveyed this message and returned.
A few days later, the girl went to the boy, and they married in court. Before this, they had already committed zinā, and according to the boy, the girl was pregnant at the time of the nikah. Later, the girl’s mother took her back, but eventually, after a court decision in favor of the boy, the girl returned to him.
The boy later realized that since the girl was pregnant at the time, the nikah was invalid. He then consulted a scholar, who performed a nikah in a mosque with some mahr, but without verifying the presence of proper witnesses. Now the boy regrets this.
The girl’s mother has passed away, her father is not suitable to act as wali (being lā’ī lag), and she has no brothers. The couple now has children, and both say that they have sincerely repented.
What should they do now in light of the Qur’an and Sunnah?
Alḥamdulillāh, waṣ-ṣalātu wa-salāmu ʿalā Rasūlillāh, ammā baʿd!
The initial court marriage was not valid because it took place while they were engaged in zinā and the girl was pregnant.
Allah ﷻ says:
﴿وَأُحِلَّ لَكُم مَّا وَرَآءَ ذَٰلِكُمۡ أَن تَبۡتَغُواْ بِأَمۡوَٰلِكُم مُّحۡصِنِينَ غَيۡرَ مُسَٰفِحِينَۚ﴾
(Al-Nisāʾ: 24)
"Lawful to you are all beyond those mentioned, provided you seek them with your wealth, desiring chastity, not unlawful sexual intercourse."
From this, it is clear that a man must be chaste and not engaged in zinā for a valid marriage.
Similarly, Allah ﷻ states:
﴿ٱلۡيَوۡمَ أُحِلَّ لَكُمُ ٱلطَّيِّبَٰتُۖ… إِذَآ ءَاتَيۡتُمُوهُنَّ أُجُورَهُنَّ مُحۡصِنِينَ غَيۡرَ مُسَٰفِحِينَ وَلَا مُتَّخِذِيٓ أَخۡدَانٖۗ﴾
(Al-Māʾidah: 5)
"Today the good things are made lawful for you… when you give them their dowries, desiring chastity, not fornication or secret relationships."
This proves that a woman must also be chaste and not engaged in zinā for a marriage to be valid.
Thus:
◈ If both are chaste, marriage is permissible.
◈ If either or both are not chaste, marriage is not permissible until repentance.
The second nikah in the mosque was also invalid because it took place without the consent of a wali and proper witnesses.
In jāhiliyyah, people performed marriages without the wali’s consent, but Islam annulled such marriages.
Sayyidah ʿĀ’ishah (رضي الله عنها) said:
«فَلَمَّا بُعِثَ مُحَمَّدٌ ﷺ بِالْحَقِّ هَدَمَ نِكَاحَ الْجَاهِلِيَّةِ كُلَّهُ إِلاَّ نِكَاحَ النَّاسِ الْيَوْمَ»
"When the Prophet ﷺ was sent with the truth, he abolished all forms of jāhiliyyah marriages except the marriage practiced today."
She explained:
«فَنِكَاحٌ مِنْهَا نِكَاحُ النَّاسِ الْيَوْمَ يَخْطُبُ الرَّجُلُ إِلَى الرَّجُلِ وَلِيَّتَهُ أَوِ ابْنَتَهُ ، فَيُصْدِقُهَا ، ثُمَّ يَنْكِحُهَا»
(Ṣaḥīḥ al-Bukhārī, Kitāb al-Nikāḥ, Bāb: Lā Nikāḥ Illā Bi-Walī)
"The marriage of today is when a man seeks a woman’s hand from her wali or father, agrees on mahr, and then marries her."
Thus, a nikah without wali is invalid in Islam.
The court ruling was based only on the girl’s statement, without hearing both sides. In Shariʿah, such a verdict is invalid.
(Irwāʾ al-Ghalīl, ḥadīth no. 2600)
If both have truly repented sincerely, then the correct and only solution is to perform a new nikah according to Shariʿah:
◈ With the permission of a wali (or, if no wali exists, then a Shariʿah-approved substitute wali).
◈ In the presence of two valid witnesses.
◈ With a stipulated mahr.
◈ In full compliance with Islamic procedure.
Only then will their relationship be lawful in Islam, and they will be protected from further sin.
➊ The first nikah was invalid due to zinā and pregnancy.
➋ The second nikah was invalid due to absence of wali and witnesses.
➌ The court ruling is not valid according to Shariʿah.
➍ After repentance, they must now perform a proper nikah with wali and witnesses in line with Qur’an and Sunnah.
ھذا ما عندي والله أعلم بالصواب
❖ Question Details
A boy and girl had unlawful relations three to four years ago. During this time, the girl spoke to her mother, who approved of their relationship, and the marriage date was fixed. On the wedding day, however, the girl’s naïve father was prevented by her brothers from proceeding, and a message was sent that the marriage should not take place. The girl’s mother conveyed this message and returned.
A few days later, the girl went to the boy, and they married in court. Before this, they had already committed zinā, and according to the boy, the girl was pregnant at the time of the nikah. Later, the girl’s mother took her back, but eventually, after a court decision in favor of the boy, the girl returned to him.
The boy later realized that since the girl was pregnant at the time, the nikah was invalid. He then consulted a scholar, who performed a nikah in a mosque with some mahr, but without verifying the presence of proper witnesses. Now the boy regrets this.
The girl’s mother has passed away, her father is not suitable to act as wali (being lā’ī lag), and she has no brothers. The couple now has children, and both say that they have sincerely repented.
What should they do now in light of the Qur’an and Sunnah?
❖ Answer
Alḥamdulillāh, waṣ-ṣalātu wa-salāmu ʿalā Rasūlillāh, ammā baʿd!
✿ The First Nikah Was Invalid
The initial court marriage was not valid because it took place while they were engaged in zinā and the girl was pregnant.
Allah ﷻ says:
﴿وَأُحِلَّ لَكُم مَّا وَرَآءَ ذَٰلِكُمۡ أَن تَبۡتَغُواْ بِأَمۡوَٰلِكُم مُّحۡصِنِينَ غَيۡرَ مُسَٰفِحِينَۚ﴾
(Al-Nisāʾ: 24)
"Lawful to you are all beyond those mentioned, provided you seek them with your wealth, desiring chastity, not unlawful sexual intercourse."
From this, it is clear that a man must be chaste and not engaged in zinā for a valid marriage.
Similarly, Allah ﷻ states:
﴿ٱلۡيَوۡمَ أُحِلَّ لَكُمُ ٱلطَّيِّبَٰتُۖ… إِذَآ ءَاتَيۡتُمُوهُنَّ أُجُورَهُنَّ مُحۡصِنِينَ غَيۡرَ مُسَٰفِحِينَ وَلَا مُتَّخِذِيٓ أَخۡدَانٖۗ﴾
(Al-Māʾidah: 5)
"Today the good things are made lawful for you… when you give them their dowries, desiring chastity, not fornication or secret relationships."
This proves that a woman must also be chaste and not engaged in zinā for a marriage to be valid.
Thus:
◈ If both are chaste, marriage is permissible.
◈ If either or both are not chaste, marriage is not permissible until repentance.
✿ Nikah Without Wali Is Invalid
The second nikah in the mosque was also invalid because it took place without the consent of a wali and proper witnesses.
In jāhiliyyah, people performed marriages without the wali’s consent, but Islam annulled such marriages.
Sayyidah ʿĀ’ishah (رضي الله عنها) said:
«فَلَمَّا بُعِثَ مُحَمَّدٌ ﷺ بِالْحَقِّ هَدَمَ نِكَاحَ الْجَاهِلِيَّةِ كُلَّهُ إِلاَّ نِكَاحَ النَّاسِ الْيَوْمَ»
"When the Prophet ﷺ was sent with the truth, he abolished all forms of jāhiliyyah marriages except the marriage practiced today."
She explained:
«فَنِكَاحٌ مِنْهَا نِكَاحُ النَّاسِ الْيَوْمَ يَخْطُبُ الرَّجُلُ إِلَى الرَّجُلِ وَلِيَّتَهُ أَوِ ابْنَتَهُ ، فَيُصْدِقُهَا ، ثُمَّ يَنْكِحُهَا»
(Ṣaḥīḥ al-Bukhārī, Kitāb al-Nikāḥ, Bāb: Lā Nikāḥ Illā Bi-Walī)
"The marriage of today is when a man seeks a woman’s hand from her wali or father, agrees on mahr, and then marries her."
Thus, a nikah without wali is invalid in Islam.
✿ The Court’s Decision Has No Shariʿah Validity
The court ruling was based only on the girl’s statement, without hearing both sides. In Shariʿah, such a verdict is invalid.
(Irwāʾ al-Ghalīl, ḥadīth no. 2600)
✿ The Only Correct Solution Now
If both have truly repented sincerely, then the correct and only solution is to perform a new nikah according to Shariʿah:
◈ With the permission of a wali (or, if no wali exists, then a Shariʿah-approved substitute wali).
◈ In the presence of two valid witnesses.
◈ With a stipulated mahr.
◈ In full compliance with Islamic procedure.
Only then will their relationship be lawful in Islam, and they will be protected from further sin.
Conclusion
➊ The first nikah was invalid due to zinā and pregnancy.
➋ The second nikah was invalid due to absence of wali and witnesses.
➌ The court ruling is not valid according to Shariʿah.
➍ After repentance, they must now perform a proper nikah with wali and witnesses in line with Qur’an and Sunnah.
ھذا ما عندي والله أعلم بالصواب
