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Myself and a lady have both wanted to get married now for 6 years, but our parents have refused to allow this…

Answered as per Hanafi Fiqh by Askimam.org

Myself and a lady have both wanted to get married now for 6 years, but our parents have refused to allow this. Her parents forced to her to get married to someone around 4 weeks ago. Since the day of the marriage, she has never lived with the man, and has returned home to her parents. Since then i have had sexual intercourse with her. I now i have comitted Sin,and have begged for forgiveness from Allah. Please could you tell : 1) Is her marriage Valid? 2) How does she she void it , if it is invalid ? 3) Have i committed adultery with her and what would be my punishment on the day of judgement?

Answer

The parents of the girl have acted irresponsibly. They are now witnessing the consequences of their wrong. If their daughter did not want to marry the boy, why did they insist on that against her wish. At most parents may advise their children but not override their Sharee given rights. We are also sad that you are in the centre of this saga.

At the outset, it was haram for you to be in contact with the girl before and after marriage. There is every reason to accuse you for the non success of the marriage. Sexual Intercourse is generally preceded with other forms of intimacy. That eventually leads to sexual intercourse. You have not only committed sin now. You?re being doing so for a long time, and should sincerely repent for all that. You should immediately severe all contact with the girl. She is married and somebody else’s wife. Her husband did not issue her divorce. She walked out of the marriage and is a Nashiza, she should return to her martial home. You should get out from the centre and allow them to build the marriage. Your intrusion is a major sin and a filthy habit that breathes evil in their world. You can never be peaceful while engaged in this.

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.