The marriage contract of an open sinner with a chaste woman
Machine translationRead the Arabic original
Question:
If the marriage contract of an open sinner with a chaste woman is completed, is the contract valid with the forbidden? With the chaste woman, is the contract valid with the forbidden?
Answer:
The contract is valid, but the option of annulment remains, because the open sinner is a Muslim, so his contract with the committed woman is valid, but the option remains for him. Is this a defect? A defect in religion, except for the fornicator. If the fornicator commits this, as Allah the Exalted said:[An-Nur 24:3] guidance. The fornicator does not marry a chaste woman, and likewise a chaste woman does not marry a fornicator. As for open sinfulness other than fornication, this is stronger. Yes.
If the marriage contract of an open sinner with a chaste woman is completed, is the contract valid with the forbidden? With the chaste woman, is the contract valid with the forbidden?
Answer:
The contract is valid, but the option of annulment remains, because the open sinner is a Muslim, so his contract with the committed woman is valid, but the option remains for him. Is this a defect? A defect in religion, except for the fornicator. If the fornicator commits this, as Allah the Exalted said:
The fornicator does not marry except a [female] fornicator or polytheist, and none marries her except a fornicator or
الزَّانِي لَا يَنكِحُ إِلَّا زَانِيَةً أَوْ مُشْرِكَةً وَالزَّانِيَةُ لَا يَنكِحُهَا إِلَّا زَانٍ أَوْ
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، باب الكفاءة والخيار — islamhouse.com (49:42)
The Arabic text is a machine transcription of the audio recording.