Is it permissible for a fornicator or fornicatress, or a male or female polytheist, to marry a chaste person if they do not repent?
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The questioner : His saying—Exalted is He—: [An-Nur 24:3] What is the stronger position regarding this?
The Shaykh : The stronger position is that if a polytheist does not repent, marriage is not permissible. And if a fornicator or fornicatress does not repent—each of them—marriage is not permissible between a chaste Muslim man and a fornicating Muslim woman, and vice versa. However, if the polytheist repents, or the fornicator or fornicatress repents, repentance erases the sin.
The questioner : Well, Shaykh, assuming a fornicator marries a Muslim woman, is the contract valid?
The Shaykh: No.
The questioner : So there is a contradiction with the verse.
The Shaykh : What contradiction? May Allah guide you.
The questioner :[An-Nur 24:3] .
The Shaykh : "The fornicator does not marry," that is what it tells you.
The questioner: Yes.
The Shaykh : The meaning of "does not marry" is that it is not permissible for him to marry. If he does marry, he will be sinful and the marriage will be invalid. So where is the contradiction?
The questioner : So the fornicator is not permitted to marry as long as he has not repented from his fornication?
The Shaykh: Yes.
The questioner : May Allah bless you, O Shaykh.
The Shaykh : And may He reward you.
The questioner: Peace be upon you.
The Shaykh : And upon you be peace, and the mercy of Allah and His blessings.
The fornicator does not marry except a [female] fornicator or polytheist
الزَّانِي لَا يَنْكِحُ إِلَّا زَانِيَةً أَوْ مُشْرِكَةًThe Shaykh : The stronger position is that if a polytheist does not repent, marriage is not permissible. And if a fornicator or fornicatress does not repent—each of them—marriage is not permissible between a chaste Muslim man and a fornicating Muslim woman, and vice versa. However, if the polytheist repents, or the fornicator or fornicatress repents, repentance erases the sin.
The questioner : Well, Shaykh, assuming a fornicator marries a Muslim woman, is the contract valid?
The Shaykh: No.
The questioner : So there is a contradiction with the verse.
The Shaykh : What contradiction? May Allah guide you.
The questioner :
The fornicator does not marry except a [female] fornicator
الزَّانِي لَا يَنْكِحُ إِلَّا زَانِيَةًThe Shaykh : "The fornicator does not marry," that is what it tells you.
The questioner: Yes.
The Shaykh : The meaning of "does not marry" is that it is not permissible for him to marry. If he does marry, he will be sinful and the marriage will be invalid. So where is the contradiction?
The questioner : So the fornicator is not permitted to marry as long as he has not repented from his fornication?
The Shaykh: Yes.
The questioner : May Allah bless you, O Shaykh.
The Shaykh : And may He reward you.
The questioner: Peace be upon you.
The Shaykh : And upon you be peace, and the mercy of Allah and His blessings.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.