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Restoring rights in case of Zina

Answered as per Hanafi Fiqh by Fatwaa.com

Salamu aleykum. There is a fatwa saying that you have to restore people’s right when it comes to the act of Zina (https://www.islamweb.net/en/fatwa/84637/). Is that true? Because some people she has asked say that she doesn’t have to apologize to anyone (not the person or their family) except in case of rape.

Jazzaki Allah khair

Answer

Wa’alaykum as Salam wa rahmatullahi wa barakatuhu,

To add to the answer mentioned on the link:

If ever doctors invent a balm which can instantly cure a person from a burn, no person in his right frame of mind will put his hand in a fear. Everyone will understand that the ointment is only there for emergency. In the same way, we cannot sin and assume we will make Tawba later. It is possible to die before repenting.

If the Zina was with mutual consent, then it is not necessary (and not even permissible unless they got married) to seek forgiveness. Rather, the girl and boy should break all contact. Yes, if it was forced, then it will be essential to seek forgiveness from the party wronged.

And Allaah Ta’aala knows best

Wassalaam,

Ismail Moosa (Mufti)

This answer was collected from Fatwaa.com which is an excellent Q&A site managed by Mufti Ismail Moosa from South Africa. .

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