Tuesday, 8 August 2017

Fornicating with man and then marrying his father

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Assalaamualaikum wa rahmatullaahi wa barakaatuhu. May Allah grant you the most blessings of Ramadan and for all efforts, and may He guide us all to the right path and forgive us all. I write with a heavy burden and seek guidance and forgiveness. About 10 years ago, I met a Muslim man, and we entered into a relationship which included fornication, may Allah forgive me. Neither he nor I repented before entering into marriage. We carried on for years and have two children. Upon noticing the difference among scholars on the view if marriage is valid or invalid from committing zina before marriage without repentance, a fatwa was received that we are married, and another fatwa says that we were never married. Upon this information, we separated. Since the separation, I developed a mutual interest with his father, and we decided to get married in order to avoid any sins, with my decision being based that it would be halal because the relationship with his son was based on fornication without repentance where marriage never existed, as was confirmed by two scholarly views. His father and I have been married for a little over a year and have kept the marriage and relationship secret due to social understanding and not to hurt others if they knew of this marriage. His father was aware of the entire situation between his son and I. I am writing to seek confirmation that what I have done is halal. My question is: is my current marriage with his father halal based on two scholarly views that it is permissible since the marriage with his son was invalid, or was the marriage which I had with the son halal and may I go back to him if this marriage with the father is not? May Allah reward you, and I ask for your supplications to pray for my guidance and the forgiveness of my sins.


All perfect praise be to Allah, the Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad, sallallahu ‘alayhi wa sallam, is His slave and Messenger.
First of all, we would like to emphasize that the person who is ignorant of the religious ruling on any action is obliged to ask scholars before he does that action; otherwise, he might face a serious situation, as in this case.
Al-Qurtubi  may  Allaah  have  mercy  upon  him wrote, "A lay-Muslim, who does not have adequate knowledge to practice Ijtihaad (personal reasoning) given his lack of qualification to do so, is obliged to consult the most knowledgeable scholars of his time and country and follow their fatwa; Allah, the Exalted, says (what means): {So, ask the people of the message if you do not know.} [Quran 16:43] He has to strive in looking for the most knowledgeable scholar until he finds the scholar upon whose knowledge most people agree." [Tafseer Al-Qurtubi]
The situation you are in is sensitive and complicated; we believe that it is better that you refer the case to the Islamic center in your country.
We shall touch upon some general points for benefit:
Firstly, the danger of romantic relationships before marriage and that they are one of the major reasons for Fitnah (temptation). What happened between you and that man is the best evidence of that. You must repent to Allah and resolve never to commit this sin again.
Secondly, the scholars held different views regarding the validity of the marriage of a man and woman who fornicated before repenting. If such a marriage is already conducted, it is declared valid, following the scholarly view which holds that it is valid. A marriage whose defectiveness after consummation is subject to different scholarly opinions has the legal effects and implications of a valid marriage.
Thirdly, some scholars held that the prohibition of marriage is established between a woman and the close male relatives of the man with whom she fornicated. Accordingly, whoever commits adultery with a woman, it becomes unlawful for her to marry his father.
Allah knows best.

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