Dear Sir, Is it permissible to marry with the girl with whom I have committed adultery without repentance from this sin.I did not know it but one ulema told me that this marriage is invalid if we married without doing repentence from this sin and we should make marriage again. Now we are already married, it will be difficult to call the girl family again for remarriage and they will ask also why we wanna marry again when girl’s father already gave her to me in marriage in front of whole society. Please answer if our marriage is valid as we have repented sincerely from this after marriage. Please answer what Hanafi scholars say about this matter. I would be very grateful to you. Thank you very much
Answer
(Fatwa: 1481/1483/M=1430)
It is necessary to do taubah (seeking forgiveness from Allah with firm intention not to repeat the action in future) for repentance from the sin of adultery, not for validity of marriage. If someone marries with a girl with whom he had illegal sexual relation, the nikah will be valid even without taubah if it was solemnized in proper way i.e. with witnesses and without any matter preventing between the two.
Ask the Maulana for proof who said that marriage without taubah is invalid or ask him to write down what he exactly said.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband