Advice for the one afflicted with zina to marry without a guardian or witnesses
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success. On one of the satellite channels, a questioner called and asked one of the muftis about being afflicted with zina (unlawful sexual intercourse) and what advice he should give. The mufti reminded him of Allah and the prohibition of zina, but at the end of his answer, he told him: If it is absolutely necessary, say when you enter her, “I am marrying you,” and she says, “I accept.” By doing so, it is not called zina. Is his statement correct?
Answer:
Zina is zina. Her words and his words are not sufficient, and they do not make it permissible for him. A guardian is required, two witnesses are required, and the announcement is required. There are conditions for the validity of the marriage contract, and it is not sufficient that he speaks to her and she speaks to him. This is not sufficient. Yes.
He says: Honorable Shaykh, may Allah grant you success. On one of the satellite channels, a questioner called and asked one of the muftis about being afflicted with zina (unlawful sexual intercourse) and what advice he should give. The mufti reminded him of Allah and the prohibition of zina, but at the end of his answer, he told him: If it is absolutely necessary, say when you enter her, “I am marrying you,” and she says, “I accept.” By doing so, it is not called zina. Is his statement correct?
Answer:
Zina is zina. Her words and his words are not sufficient, and they do not make it permissible for him. A guardian is required, two witnesses are required, and the announcement is required. There are conditions for the validity of the marriage contract, and it is not sufficient that he speaks to her and she speaks to him. This is not sufficient. Yes.
Source
شرح كتاب المنتقى من أخبار المصطفى صلى الله عليه وسلم، بداية من باب ما يقول إذا فرغ من وضوئه — islamhouse.com (1:00:53)
The Arabic text is a machine transcription of the audio recording.