Is my forgiveness subject to the repentance of the one I committed Zinā with?

Answered according to Hanafi Fiqh by Askimam.org
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As-salaamu ‘alaykum.

 

A female muslim performed Zina. She has repented but does not know if there is more to do in order for her repentence to be sincere except for admitting that it’s wrong, regretting it and never going back to it. She thinks that she has to apologize to the people she did this sin with or ask them to repent to Allah in order for her repentance to be accepted. Note that they don’t seem to be believers. 

 

Is it true that there are no rights to restore when it comes to Zina only in case of rape? Is it considered rape if she kisses a guy on the cheeks as a rule in a game with mixed genders?

 

Jazzaki Allah Khair.

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

Zina is an evil and toxic act that ruins the moral behaviour of a person. It has severe spiritual and emotional consequences. If a married Muslim had committed adultery in an Islamic country, he/she would have been stoned to death. If the person were not married, he/she would be lashed.[i]

If a Muslim resides in a non-Muslim country, he/she will not be subject to these rulings. However, the gravity of the sin does not decrease in the sigh of Allāh Ta’ālā.

If one committed Zina, he/she should make sincere taubah to Allāh Ta’ālā and regret the evil act. Allāh Ta’ālā states in the Holy Quran:

إِنَّ اللَّهَ يَغْفِرُ الذُّنُوبَ جَمِيعًا إِنَّهُ هُوَ الْغَفُورُ الرَّحِيمُ

Verily Allah forgives all sins. Undoubtedly, He is the Most Forgiving, the Most Merciful. (39:53)

 

A sinful person should never despair of the mercy of Allah Ta’ala. Allāh Ta’ālā says:

قلْ يَا عِبَادِيَ الَّذِينَ أَسْرَفُوا عَلَى أَنفُسِهِمْ لَا تَقْنَطُوا مِن رَّحْمَةِ اللَّهِ

Say (on My behalf), ‘O servants of Mine who have wronged their souls (by committing sins) do not despair of Allah’s mercy.

 

If a person commits any sin, including Zina, and the person regretted sinning and resolves never to sin in future, that is sufficient for Tawbah. The only thing to do after that is to guard oneself against committing the sin in future.

 

Every adult is responsible for the sin he/she committed. It is not necessary for the woman to apologize to those who she committed Zina with.

 

Kissing a person on the cheek as a rule of a game is not rape. However, it is a shameful and disgraceful act and a major sin.

One should refrain from playing all such games which constitute sin and vice.

And Allah Ta’āla Knows Best

Ikraam Elias Gangat

Student Darul Iftaa
Zambia

Checked and Approved by,
Mufti Ebrahim Desai.

 

 


الأصل للشيباني ط قطر (7/ 143[i]

فإن كان محصناً رجمه، وإن كان غير محصن جلده مائة جلدة

 

المبسوط للسرخسي (9/ 37

الْجَلْدُ فِي حَقِّ ثَيِّبٍ هُوَ غَيْرُ مُحْصَنٍ، وَالرَّجْمُ فِي حَقِّ ثَيِّبٍ هُوَ مُحْصَنٌ

 

النتف في الفتاوى للسغدي (1/ 268

وان كَانَا محصنين رحما وان كَانَا غير محصنين جلدا جَمِيعا وان كَانَ احدهما مُحصنا والاخر غير مُحصن رجم الآخر مائَة

 

 

 

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