What to do if a woman committed Zinaa with a now-married person?

Al-jawab billahi at-taufeeq (the answer with Allah’s guidance)

Allah Ta’ala says,

“The fornicator shall marry none but a fornicatress or an idolatress; and the fornicatress – none shall marry her but a fornicator or an idolater; that is forbidden to the believers.” (24:3)

Commentary:

The effects of adultery are so severe and detrimental that they become the nature of an individual. An adulterer will only be content and satisfied if he marries an adulterer or an idolatress and visa-versa. For a believer to get married to any of these filthy people is not appropriate.

The term adulterer from the above verse is used for those men and women who do not repent and beg Allah’s Mercy, and stick to this evil habit.

If a person who committed adultery sincerely repents, then his/ her Tawbah will be accepted and the verse will not refer to him/ her.

If an adulterer man marries a chaste woman for the sake of house-keeping or for having children, then there is no ban to this marriage from this verse. Similarly, if an adulterer woman marries a virtuous man with the intent of leading a pure life, then also there is no stopping for such a marriage in the light of this verse. Such a marriage will be valid in accordance with the Islamic law. Majority of the Muslim jurists like Imam Abu Hanifah, Imam Malik and Imam Shafi’i etc. are of the same view, and it is also established that the companions of the Prophet have solemnized such marriages. Tafsir Ibn Kathir has also reported the same Fatwa by Sayyidnah Ibn ‘Abbas (RadhiAllahu Ta’ala Anhu)

(Ma’ariful Quran Vol. 6 Pg.356)

Please also refer to: http://www.muftisays.com/qa.php?viewpage=viewQA&question=3320

And Only Allah Ta’ala Knows Best.

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Moulana Qamruz Zaman
London, UK