❀ Is Marriage with a Fornicator or a Grave-Worshipper Permissible? Complete Sharʿī Guidance ❀
A friend of mine wishes to marry a girl whose parents — and she herself — visit shrines, supplicate at graves, and consider practices such as Giyarween and Khatm to be permissible. Is it valid in Sharīʿah to marry such a girl?
Yes, marrying such a girl is permissible, provided that:
◈ The intention behind this marriage is to guide her and her family away from these false practices.
◈ The objective is to bring her towards the correct teachings of Islām.
◈ The girl herself is chaste, modest, and pure.
In such a case, the nikāḥ will be valid.
We were told that a man married a woman of immoral background. Before the marriage, he was engaged in unlawful relations with her, i.e., zinā. Afterward, they performed nikāḥ. One of our readers says that it is not permissible to marry someone with whom zinā was committed. Is this correct?
Yes, this is correct. Such a nikāḥ is harām in Sharīʿah.
Allah ﷻ says:
﴿وَحُرِّمَ ذٰلِکَ عَلَی الْمُؤْمِنِیْنَ﴾
(Sūrah al-Nūr)
"And this has been forbidden for the believers."
Meaning: It is forbidden for a believing man to marry a fornicator (zāniyah) or an idolatress, and for a believing woman to marry a fornicator (zānī) or an idolater.
He explains that interpreting “ذٰلِکَ” here to mean merely the act of zinā is a weak opinion. The correct meaning is that marriage between a fornicator and fornicatress is impermissible for the believers.
❀ Al-Nisāʾ 25
﴿مُحْصَنَاتٍ غَیْرَ مُسَافِحَاتٍ وَّلاَ مُتَّخِذَاتِ أَخْدَانٍ﴾
"They should be chaste women, not those who commit zinā openly, nor those who have secret lovers."
❀ Al-Māʾidah 5
﴿مُحْصِنِیْنَ غَیْرَ مُسَافِحِیْنَ وَلاَ مُتَّخِذِیٓ أَخْدَانٍ﴾
"Desiring chastity, not fornication, nor taking secret companions."
From these verses it is clear that for a nikāḥ to be valid, both the man and woman must be chaste and pure.
If both individuals sincerely repent after zinā, and their repentance is genuine and evident through signs and circumstances, then nikāḥ is valid after tawbah.
➊ Marrying a girl from a family engaged in shrine practices and grave-related rituals is valid, provided she is chaste and the purpose is daʿwah and correction.
➋ A fornicator’s marriage — whether man or woman — is harām until genuine repentance is made.
➌ After repentance, nikāḥ becomes permissible and valid.
ھذا ما عندي والله أعلم بالصواب
❖ Question 1
A friend of mine wishes to marry a girl whose parents — and she herself — visit shrines, supplicate at graves, and consider practices such as Giyarween and Khatm to be permissible. Is it valid in Sharīʿah to marry such a girl?
❖ Answer
Yes, marrying such a girl is permissible, provided that:
◈ The intention behind this marriage is to guide her and her family away from these false practices.
◈ The objective is to bring her towards the correct teachings of Islām.
◈ The girl herself is chaste, modest, and pure.
In such a case, the nikāḥ will be valid.
❖ Question 2
We were told that a man married a woman of immoral background. Before the marriage, he was engaged in unlawful relations with her, i.e., zinā. Afterward, they performed nikāḥ. One of our readers says that it is not permissible to marry someone with whom zinā was committed. Is this correct?
❖ Answer
Yes, this is correct. Such a nikāḥ is harām in Sharīʿah.
Allah ﷻ says:
﴿وَحُرِّمَ ذٰلِکَ عَلَی الْمُؤْمِنِیْنَ﴾
(Sūrah al-Nūr)
"And this has been forbidden for the believers."
Meaning: It is forbidden for a believing man to marry a fornicator (zāniyah) or an idolatress, and for a believing woman to marry a fornicator (zānī) or an idolater.
✿ Statement of Ḥāfiẓ Ibn al-Qayyim (رحمه الله)
He explains that interpreting “ذٰلِکَ” here to mean merely the act of zinā is a weak opinion. The correct meaning is that marriage between a fornicator and fornicatress is impermissible for the believers.
✿ Further Qur’ānic Evidences
❀ Al-Nisāʾ 25
﴿مُحْصَنَاتٍ غَیْرَ مُسَافِحَاتٍ وَّلاَ مُتَّخِذَاتِ أَخْدَانٍ﴾
"They should be chaste women, not those who commit zinā openly, nor those who have secret lovers."
❀ Al-Māʾidah 5
﴿مُحْصِنِیْنَ غَیْرَ مُسَافِحِیْنَ وَلاَ مُتَّخِذِیٓ أَخْدَانٍ﴾
"Desiring chastity, not fornication, nor taking secret companions."
From these verses it is clear that for a nikāḥ to be valid, both the man and woman must be chaste and pure.
❖ Ruling After Zinā
If both individuals sincerely repent after zinā, and their repentance is genuine and evident through signs and circumstances, then nikāḥ is valid after tawbah.
Conclusion
➊ Marrying a girl from a family engaged in shrine practices and grave-related rituals is valid, provided she is chaste and the purpose is daʿwah and correction.
➋ A fornicator’s marriage — whether man or woman — is harām until genuine repentance is made.
➌ After repentance, nikāḥ becomes permissible and valid.
ھذا ما عندي والله أعلم بالصواب
