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:

"U" is a 26 year girl (orphan - her father died when she was 14 years old). She narrated that she was engaged since childhood to one of his cousins (her father`s sister`s son "K" - 14 years older than her).

In year 2000 when she was 19 years her engagement was broken by her would be mother-in-law.

In 2001 her aunt came with her son "K" for a few days to live in her house.

One night "K" went to the bedroom of "U" and said to her that he loved her and wanted to take her into his Nikah.

He then said to her "In the name of Allah, I take you in my Nikah; do you accept me as your husband?"

"U" replied "Yes"; and they both made sex on two different dates.

In the year 2003, "K" got himself married to another girl, and now living with his wife, two kids (a daughter and a son) both below two year of age.

"K" is now again in touch with "U" and telling her that due to losses in business, he could not take her to his house, and that whenever his business improves, he will keep her with him.

"U" has a mother and 4 younger brothers, and has been working since the age of 17 to help her family financially.

She could not disclose the incident to her mother for several fears.

QUESTIONS

1) What is the relationship between "U" and "K"? Is it marriage or rape?

2) Can "U" marry another man, or she has to seek divorce from "K"?

3) What is suggested for "U"?

(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:

Zina and forgiveness

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 relationship between "U" and "K"? Is it marriage or rape?

In light of the teachings of the Quran and the Sunnah, the following acts are considered absolutely obligatory conditions of a marriage or ‘nikaah’ contract:

1. The proposal by the groom and the acceptance by the bride
2. The determination of the ‘mehr’ gift for the bride
3. The presence of (at least) two witnesses to the ‘nikaah’ contract
4. The presence and consent of the guardian or ‘wali’ of the bride.

Any marriage which does not satisfy even one of the above obligatory conditions of Islamic marriage will be deemed null and void in the Sight of Allah Subhanah and Shariah.

If the boy (K) and the girl (U) had between themselves simply declared a ‘marriage’ without the determination of the obligatory ‘mehr’, or the consent of the bride’s guardian, or the presence of two witnesses, such an union would hold absolutely no legal or lawful basis in the Sight of Allah Subhanah or of Shariah Law.

The relationship between ‘U’ and ‘K’ would neither be marriage nor rape, but a clear and manifest case of ‘zina’ (illegal sexual intercourse).

Your Question: Can "U" marry another man, or she has to seek divorce from "K"?

Since ‘U’ did not lawfully marry ‘K’, she is not required to take a divorce from ‘K’ or anyone else before marrying another person.

Your Question: What is suggested for "U"?

Both (U and K) are guilty of the heinous and abomination crime of ‘zina’ (illegal sexual intercourse)….thus both should immediately turn unto their Lord and seek sincere repentance for their abomination, if indeed they fear Allah and the Last Day.

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