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I) At what point the intimation can be assured as adultery. ii) Does adultery refer only to intercourse or touching the private parts,kissing will also be considered as adultery.

Answered as per Hanafi Fiqh by Askimam.org

“024.003 The adulterer shall not marry save an adulteress or an idolatress, and the adulteress none shall marry save an adulterer or an idolater. All that is forbidden unto believers.” “024.026 Vile women are for vile men, and vile men for vile women. Good women are for good men, and good men for good women; such are innocent of that which people say: For them is pardon and a bountiful provision.” Here I don’t want to take the literal meaning or imagine someother meaning for these verses. So i kindly request you to please elaborate the above verses and help me solving the following doubts. i) At what point the intimation can be assured as adultery. ii) Does adultery refer only to intercourse or touching the private parts,kissing will also be considered as adultery. iii) If a person commits adultery, then does it mean that he/she will be married only to the same type of person even if he/she has repented sincerely and abstained from all sort of evils now. iv) If a person commits adultery and marries to a good spouse, due to his/her adultery, will the spouse also commit the same in the future ? v) Does a person is free and become pure after his/her sincere repentence. Can he/she be considered as “Good” according to verses. vi) How to know that the repentence is accepted by Allah (SWT)? vii) Are we allowed to marry a person who committed adultery? verse (“All that is forbidden unto believers”).

Answer

The explanation of verses 24.03 and 24.26 is: A person who commits adultery and loves adultery, his character and nature becomes spoilt and destroyed so much so that he now only desires for filthy and dirty things.

An adulterer will be drawn towards an adulteress and a Mushrikah woman and vice versa. For a Mu?min to get married to any of these filthy people is not appropriate. These verses do not refer to those adulterers and adulteresses that do make Tawbah and repent and refrain from Zina, rather, it refers to those who love it and continue doing it.

1. Adultery in this Aayat refers to the actual act of intercourse, not kissing, touching, etc.

2. Refer 1 above.

3. If a person who committed adultery sincerely repents, then his Tawbah will be accepted and the Aayaat will not refer to him.

4. No, it is not necessary that his wife will commit adultery.

5. When a person is consideration marriage, he should look for a pious and righteous spouse so as to ensure there are no problems afterward. If the spouse is an adulterer or adulteress, the marriage will take place. However, the person will be sinful. if the future spouse committed adultery before and he/she has sincerely repented, then there will be no problem in marrying them. (Ma?ariful Qur’aan vol.6 pg.325)

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai

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This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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