Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

Assalam Allaikum.

I had sex with a girl then i married her in court. what i did befare marriage was a gunaa? after court Marriage sex is allowed or not? will that gunaa be forgiven if i marry her in islamic way. 

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Answer:

Married in court legal

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Your Question: I had sex with a girl then i married her in court. what i did befare marriage was a gunaa?

Allah says in the Holy Quran Chapter 17 Surah Israa verse 32: Do not even go near ‘zina’ (fornication or adultery) for it is a very indecent thing and a very evil way!

Allah says in the Holy Quran Chapter 24 Surah Noor verse 2: The woman and the man guilty of ‘zina’ (fornication), flog each one of them with a hundred stripes, and let not pity for them restrain you in regard to a matter prescribed by Allah; if indeed you believe in Allah and the Last Day! And let a section of the believers witness the punishment inflicted on them.

Zina (fornication and adultery) are considered amongst the gravest sins in Islam. One can imagine the severity of the sin, by the punishment Allah and His Messenger (saws) have prescribed for the sin: a hundred lashes in public for fornication, and capital punishment for adultery! And if the person dies without making Taubah or seeking sincere repentance from Allah Subhanah for their transgression, the punishment of the Hereafter in the Just Court of Allah Subhanah is even more severe than the punishment of the world!!

Zina is considered such an evil and such a grave sin that Allah has advised the believers in the Holy Quran 17:32 .. ‘Do not even go near ‘zina’….’. Not only is committing the evil abomination of ‘zina’ a grave sin in the Sight of Allah, but to approach anything that leads one to the path to ‘zina’ is also forbidden for the believers!

Your Question: after court Marriage sex is allowed or not?

If the following obligatory conditions of an Islamic Nikaah are met, regardless of where the couple get married, the marriage will be deemed lawful and legal in the Sight of Islamic Law.

Proposal by one party and the acceptance by the other.

Determination of the Mehr.

(At least) Two believing witnesses to the marriage agreement.

The consent of the ‘wali’ (parent/guardian) of the bride.

If the above conditions are met, then the marriage will have been deemed according to Shariah and will be absolutely legal and valid. If does not matter if the Judge, or the registrar documenting the marriage is a believer or a non-believer, the Nikaah will be considered valid if the above conditions of Shariah are met.

If the above listed obligatory conditions of Nikaah are not met, it does not matter who and where the couple get married; the marriage will be deemed invalid, null and void in the Sight of Islamic Law.

If the obligatory conditions of an Islamic marriage were met, it is absolutely permissible and lawful for the husband and wife to enjoy conjugal relations with each other.

Your Question: will that gunaa be forgiven if i marry her in islamic way. 

The marriage to one with whom one has committed the evil abomination of ‘zina’ does not by itself forgive or absolve them of their evil deed; what absolves and clears one’s sins is the seeking of forgiveness from their Lord Most Gracious and making a solemn pledge with Him that they will amend their conduct and strive never ever to approach sin again. If one is sincerely sorry and ashamed at one’s transgression, turns back to His Lord in fear and in hope, and in absolutel humility, awe, and fear seeks the forgiveness of their Lord for their manifest transgression; it is expected that they will find their Lord Forgiving and Merciful.

Allah says in the Holy Quran Chapter 39 Surah Zumur verses 53-54: (O Prophet) say: “O My servants who have wronged their own souls….Do not despair of Allah’s Mercy! Surely, Allah forgives all sins. He indeed is the All Forgiving, All Merciful. Return to your Lord and submit to Him before the scourge overtakes you; for then you may get no help from anywhere.”

Allah says in the Holy Quran Chapter 3 Surah Ale Imraan verse 135-136: Allah likes such good people very much, who, if ever they commit a base deed or wrong their own soul by the commission of a sin, remember Allah instantly, and ask for forgiveness from Him for their shortcomings. For who, but Allah, can forgive sins? (And Allah loves those) who do not knowingly persist in the wrongs they did. These will be rewarded with forgiveness from Allah, and with Gardens beneath which canals flow, and they will reside therein forever! How excellent is the reward of those who do good deeds!

Allah says in the Holy Quran Chapter 6 Surah Anaam verse 54: When those come to you who believe in Our Signs, say: "Peace be on you! Your Lord had inscribed for Himself (the rule of) Mercy. Verily if any of you did evil in ignorance, and thereafter repented and amended (his conduct), Lo! He is Oft-Forgiving, Most Merciful."

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

Your Brother in Islam,

Burhan