If a man has practiced mutually willed adultry with a woman, will it be permissible for him to marry her? i asked this question to two Ullemas but i got contrast verdicts, so i request you to explain whatever verdict is authentic. I also heard that compunsation of fornication to an unmarried person is to get wipped 80 times. so i need to ask if the person needs to get this punishment, whom does he confess to as there is no implemented islamic sharia law anywhere. please help me out with my questions. i will wait for your reply.
Answer
(Fatwa: 31/31=M)
Adulterer can marry his adulteress provided there is no other relation between them that prevents nikah (like nasab, razaat etc). If an unmarried is involved in adultery a Muslim state can punish him with 100 lashes. The punishment of 80 whips is meant for one who accuses a modest person of adultery. These punishments have been mentioned in the Quran. This penal code can be implemented only under Islamic governments; therefore at other places where there is no Islamic government one should do isteghfar and taubah.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband