Q: Respected Scholar – As’Salam Alaykum,

I have a question with regards to Surah Al-Nur: Ayat 3, and I was hoping you would be able to shed some light on the matter.

I have been reading various translations, fatwas, tafsirs and commentaries explaining the verse and there seems to be a difference of opinion among the scholars when it comes to the interpretation the meaning.

Some scholars believe that the verse was abrogated with a later verse, while others believe that the verse is not an injunction but merely a statement of fact from Allah (swt). In light of some ahadith, it seems that the verse only applies to those ‘zaanis’ who have been proven guilty in an Islamic court of law and have been punished with the hadd penalty. Several scholars have also highlighted that this verse is only applicable to those ‘zaanis’ who persist in their transgression and have not repented and reformed themselves.

Despite the differences in opinion among the scholars with regards to the interpretation, all the sources seem to be of the same opinion that after sincere repentance such a union would be ‘valid’ according to Islamic Law and in the sight of Allah (swt).

Is there any evidence from the Qur’an and/or the Sahih Ahadith which states that after sincere repentance and reformation a person’s status of being a ‘zaani/zaniyah’ changes and they become ‘pure’ again? I have no doubt about Allah’s (swt) capacity to forgive all sins but we can’t just assume that repentance changes what has already happened.

Also, is there any school of thought which take this particular verse literally and state that “even after sincere repentance a zaani/zaaniyah can never ever marry a chaste person”?

There are several riwayah of two repentant fornicators marrying each other but are there any where a repentant fornicator marries a chaste spouse?

A few years ago I made a huge mistake and God knows what I now feel in my heart every single day and how sincerely I have repented for my actions. I can’t change what I have already done and it is a burden that will stay with me all my life. I have sincerely repented for my mistakes and Alhamdulillah I have lived a pure life for several years now. The only problem I am facing now is that I am planning on getting married insha-Allah and I want to be 100% sure about the decision I make. I don’t want to anger my Creator once again by doing something that has even the slightest of chances of being forbidden.

All I want now is to marry someone who is a practicing muslimah. I don’t care about whether she has a past or not because I know for certain that people can genuinely change and I myself am a living example of that. I am in a situation where I have the option to marry a girl, I don’t know about her past but I do know that she is a good muslimah today and unlike me I am quite certain that she has remained chaste. If we get married will our marriage be ‘halal’ in the sight of Allah (swt)? Do I tell her about my past mistakes?

If not, then how do I find another zaaniyah to marry? Muslims are encouraged to cover their sins so even if someone did commit zina in the past they will hide it, so how will I know? If someone has been punished by the ‘hadd’ penalty then one can say for sure that this person is a zaani/zaaniyah. If we call anyone else a ‘zaani/zaaniyah’ then we would be liable for slander and the ‘hadd’ can be imposed on us for accusing someone without proof.

I feel completely paralyzed, I would be very grateful if you could provide some guidance and help this brother of yours. Also, please remember me in your prayers.

Jazak Allahu Khayran!

Time: November 18, 2014 at 5:34 AM
Answers: Walaikumsalam:

In light of your question and situation, here is a response coupled with a little advice. Our answers are in light of what you have posed, it may appear to be inconsistent with a previous response, as noted, our answer is only based on what you have shared.

Although research is good to do, one must be qualified to do such research. Research can only be done in a field that a researcher is part of and a field they are an expert in. All this research experience is also gained while being under juristic supervision. Researching a field that is not part of your field of study only gives you a response that can prove spiritually harmful than beneficial. Likewise, every research presents data, one must be qualified to interpret that given set of data. If you are not a scholar, or are seeking data from scholars whose only function is selling out on their core views and values, than the answers you get would place you in a position that may force you to compromise part of your deen.

Thus, in the traditional sense, depending on your Imaan as well as research skills, when it comes to research, shaytan will try and toy with you. He will get you a few correct answers, mesmerize you and allow you, at times, to mesmerize others, then he will create chaos for you and those that are around you. He will make you give data that is mixed and confusing to others. The likes of such people (pseudo-scholars) are more than we can count. Let go of your personal research in exchange of what the authentic jurists have brought forth.

• You have asked for your forgiveness. Now it’s time to move on with this new relationship or proposal. Although you cannot undo the poor choices you have made, since you have repented, you should allow the Mercy of Allah to forgive you. One of the aspects of seeking forgiveness is to not go back to a given sin while improving on one’s character. It appears that you have done well in this regard. Alhamdulillah, ameen.

• Shaytan will never allow you to forget the wrong you have done. He will haunt you and force you to remember your wrongs even though you have sort genuine change. He wants you to remember the negatives. He knows full well if you are positive you will not only become a better person, but you would also Insha’Allah improve the lives of others. So instead he forces you to delve in negatives, so you can bring yourself down and others as well.

Under ideal conditions an evil person should marry an evil person. However, if a mistake was made and you have not been recognized as an adulterer by your community and it was a one time mistake that did not have lifelong repercussions — diseases, etc. then such a marriage would be permissible. If you have contracted anything and still wish you go on with the marriage, you may need to clarify such matters with the other family (spouse to be). Additionally, if your body still remains sensitive like that of a moral person as well as inexperienced person, then you should proceed with this marriage inshaAllah. On the other hand, if your experiences are no different from an established married couple, then it would be best to marry a person that shares your proclivities.

We sincerely wish you the best for Allah (SWT) is most forgiving, ameen.
Allah Certainly Knows Best.