Q: What is the ruling for an adult man and woman on having illegal intercourse?
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:
Q:
What is the ruling for an adult man and woman on having illegal intercourse? In
this case the woman is married with two children and the guy is not married
yet? The woman used to be his teacher and this occurred after HE finished
school or perhaps even while in school? The guy and the lady teacher are still
in contact but I don’t think there is any physical contact as they live in two
different parts of the world, i.e.
(There may be some grammatical and spelling
errors in the above statement. The forum does not change anything from
questions, comments and statements received from our readers for circulation in
confidentiality.)
Answer:
Marry past zina istakhara
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 none 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: What
is the ruling for an adult man and woman on having illegal intercourse? In this
case the woman is married with two children and the guy is not married yet?
Allah Says in the Holy Quran Chapter 24 Surah
Noor verse 2:
2 The woman and the man guilty of ‘zina’ (fornication) flog each of
them with a hundred stripes: let not compassion move you in their
case in a matter prescribed by Allah if ye believe in Allah and the Last Day: and
let a party of the believers witness their punishment.
Sahih Al-Bukhari Hadith 8.810 Narrated by Jabir
A man from the tribe of Aslam came to the
Prophet (saws) and confessed that he had committed adultery (illegal sexual
intercourse). The Prophet (saws) turned his face away from him till the man
bore witness against himself four times. The Prophet (saws) said to him,
"Are you mad?" He said "No." The Prophet (saws) asked, "Are you
married?" He said, "Yes."
Then the Prophet (saws) ordered that he be stoned to death, and he was
stoned to death at the Musalla (public gathering place).
The prescribed punishment for the sin of ‘zina’ in Shariah
depends on the marital status of the person convicted of the crime in a Shariah
Court of Law:
- Fornication: If the man or the woman who is guilty of
‘zina’ (fornication) is unmarried, Shariah Law prescribes a punishment for
a 100 lashes in public.
- Adultery:
If the man or the woman who is guilty of ‘zina’ (adultery) is married,
Shariah Law prescribes that the guilty should be stoned to death in
public.
The above prescribed punishments of Shariah are only for
those who are convicted of the crime of ‘zina’ or illegal sexual intercourse in
a Shariah Court of Law. But if one
commits the evil and abomination of ‘zina’ and for whatever reason, escapes the
punishment prescribed in the life of this world….were such a person to die
without seeking sincere repentance from their Lord for their abomination, their
punishment and accounting in the Presence of Allah Subhanah would be severe and
lasting.
Your Question: Can I
marry a man who has committed the above crime?
Allah Says in the Holy Quran Chapter 24 Surah
Noor verse 3:
3 Let no man guilty of ‘zina’ (illegal sexual intercourse) marry any
but a woman similarly guilty or a disbeliever, nor let any but such a man or a disbeliever
marry such a woman: to the believers such a thing is forbidden!
If one has prior knowledge that the person they seek to
marry has committed the abomination of ‘zina’ in their past; it would be best for
the believers to fear Allah and abstain from marrying a person who so daringly
has transgressed a clear and manifest boundary of Allah Subhanah.
But if the person one seeks in marriage has committed
‘zina’ in their past, and one is absolutely convinced that the said person has
sought their ‘taubah’ and sincere repentance from their Lord for their manifest
transgression….then there is absolutely no harm if a believer seeks to marry
that person, for the manifestation of sincere ‘taubah’ indeed wipes out every
sin, including the abomination of ‘zina’.
Al-Tirmidhi Hadith 2357 Narrated by Abdullah ibn Mas'ud
Allah's Messenger (saws) said, "He who
repents of a sin is like him who has committed no sin."
Your Question: Is he
a suitable partner, considering the still valid and constant contact between
the student and teacher?
Al-Tirmidhi Hadith 3090 Narrated by Abu Hurayrah
Allah's Messenger (saws) said, 'When someone
with whose religion and character you are satisfied asks your
daughter in marriage, accede to his request. If you do not do so, there will be
temptation on earth and extensive corruption.'
Beloved Sister in Islam, it would only be prudent for a
believing woman to heed the above quoted guidance and advice of the Noble
Messenger of Allah (saws), and seek to marry a man with whose character and
practice of religion one is completely satisfied.
Your Question: What
should I do? I have very less time left to get married to this guy, and I am
confused. Please help.
Hadrat Jabir (r.a.) reports that ‘the Prophet
(saws) would teach us al-Istikharah for all of our affairs as he would teach us
a Surah of the Qu'ran. He (saws) said 'if one of you is deliberating over an
act, he should pray two rak'ahs and recite the supplication of Istakhara.’’
Related by Al-Bukhari.
Saad ibn Waqas (r.a.) reported that the
Prophet (saws) said, "Istikharah (seeking guidance from Allah) is one of
the distinct favors (of Allah) upon man, and a good fortune for the son of Adam
is to be pleased with the Judgment of Allah. And a misfortune of the son of
Adam is his failure to make istikharah, and a misfortune for the son of Adam is
his displeasure with the Judgment of Allah."
As your brothers and sincere well-wishers in faith, our
ardent advice to you would be to follow the Sunnah of the Messenger of Allah
(saws) and perform this simple ‘Istakharah’ prayer and supplicate your Lord to
help you and guide you to a decision that is Pleasing to Him and is best for
you in your life in this world and the Hereafter. Then wherever the matter settles, and
whatever transpires after you have put your full trust in your Lord Most
Gracious, know with conviction that that was the absolute best decision.
The following is from the book "Selected
Prayers"
compiled by Dr. Jamal Badawi.
"When seeking guidance in decision-making
(Istikharah)"
Allahomma Inni Astakheeroka Bi'ilmik.
Wa'astaqdiroka Biqodratik. Wa'as'aloka min Fadlikal-azeem. Fa'innaka Taqdiru
Wala Aqdir. Wata'lamo Wala-a'lam. Wa'anta-'allamul ghuyoob.
Allahomma In Kunta Ta'lamu Anna (Hathal-Amra)
Khayul-lee Fi Deenee Wama'ashi Wa'ajila Amri Wa'ajilah, Faqdorho lee,
Wayassirho lee, Thomma-barik lee fih. Wa'in Konta Ta'lamo Anna (Hathal-Amra)
sharrul-lee Fi Deenee. Wama'ashi.Wa'ajila Amri. Wa'ajilaho. Fasrifho 'annee.
Wasrifnee 'anh. Waqdur leyal-khayr Haytho
Translation of du'a:
O Allah! I seek Your guidance (in making a
choice) by virtue of Your knowledge, and I seek ability by virtue of Your
power, and I ask You of Your great bounty. You have power, I have none. And You
know, I know not. You are the Knower of hidden things. O Allah! If in Your
knowledge, (this matter) is good for my religion, my livelihood and my affairs;
immediate and in the distant, then ordain for me,
make it easy for me and bless it for me. And
if in Your knowledge, (this matter) is bad for my religion, my livelihood and
my affairs; immediate and in the distant, then turn it away from me, and turn
me away from it. And ordain for me the good wherever it be and make me pleased
with it.
Notes:
- The
above du'a is to be recited when there is uncertainty about the advisability
of taking a decision, provided it is Islamically permissable.
- After
performing wudu' (ablution), one should offer two rakahs (sunnah required
for this purpose).
- Before
reciting the dua' it should be made sure that the person is not already
inclined to a given decision; otherwise it will mean the person is not
serious about seeking guidance from Allah (SWT).
- In
making this dua' the actual matter or decision concerning which divine guidance
is being sought should be mentioned instead of the words (Hathal Amra) in
transliteration or the words "this matter" in the translation above.
- After
reciting the dua' (immediately or later on), one may feel more favorably
disposed toward one choice or the other.
Salatul istekharah from the book Fiqh
us-Sunnah by As-Sayyid Sabiq It is a sunnah that, if one must choose between
permissible alternatives,one should pray two rak'as sunnah, be they regular
sunnah prayers or a prayer for entering a mosque, and so on, during any time of
the day or night, and to recite therein whatever one wishes of the Qu'ran after
reciting Al-Fatiha. Then one should praise Allah and send salutations to the Prophet,
peace be upon him, and recite the following supplication which has been
recorded by Bukhari in Jabir's narration:
"The Prophet, peace be upon him, would
teach us al-Istikharah for all of our affairs as he would teach us a surah of
the Qu'ran. He said 'if one of you is deliberating over an act, he should pray two
rak'ahs and say:
"O Allah, I consult You as You are
All-Knowing and I appeal to You to give me power as You are Omnipotent, I ask
You for Your great favor, for You have power and I do not, and You know all of
the hidden matters. O Allah! If you know that this matter (then mention it) is
good for me in my religion, my livelihood, and for my life in the Hereafter (or
he said 'for my present and future life') then ordain it for me, make it (easy)
for me and bless it for me. And if You know that this matter is bad for my
religion, my livelihood and my life in the Hereafter (or he said 'for my
present and future life') then turn it away from me and turn me away from it
and ordain the good for me wherever it be and make me be pleased with it."
There is nothing authentic concerning anything specific that is to be recited
in the prayer nor is there any authentic report concerning how many times one
should repeat it. An-Nawawi holds that "after performing the istikhara, a
person must do what he is wholeheartedly inclined to do and feels good about
doing and should not insist on doing what he has desired to do before making
the istikhara. And if his feelings change, he should leave what he had intended
to do, otherwise he is not completely leaving the choice of Allah, and would
not be honest in seeking aid from Allah's power and knowledge. Sincerity in
seeking Allah's choice means that one should completely leave what one oneself desired
or determined."
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 and
well wisher in Islam,
Burhan
Wister