Can I Marry Someone I Fornicated With?

Answered by Ustadha Shazia Ahmad

Question

1- If a Muslim fornicates with a disbeliever and then she converts and accepts Islam while this unlawful relationship is still going on and wants to marry the Muslim man who committed this sin with her, is it a valid Nikah?

2- If yes, is it not the case of a marriage of Zani and Zaniah (fornicator and fornicatress) and Mushrikah (polytheist)?

3- Since for her it might be deleting all her previous sins by accepting Islam, so she is like a newborn baby, what about this Muslim, should he go to the judge for the punishment or just repent secretly between him and Allah?

Answer

Thank you for your question. 

1) Yes, the nikah with her is still valid.

2) This is not a case of fornicator and fornicatress as mentioned in the Qur’an as is explained in this link:

Is It Permissible to Marry Someone Who Was a Prostitute?

3) Because we live in a time where there is no Islamic Caliphate, there is no need to go to a judge. Your silent and sincere tawba (repentance) are quite enough. Be grateful that Allah has turned this situation around for you and commit yourself to practice Islam as best you can.

Is it Prohibited to Marry Someone Guilty of Adultery/Fornication?

[Ustadha] Shazia Ahmad 
Checked and Approved by Shaykh Faraz Rabbani

Ustadha Shazia Ahmad lived in Damascus, Syria, for two years, where she studied Aqidah, Fiqh, Tajweed, Tafseer, and Arabic. She then attended the University of Texas at Austin, where she completed her Master’s in Arabic. Afterward, she moved to Amman, Jordan, where she studied Fiqh, Arabic, and other sciences. She recently moved back to Mississauga, Canada, where she lives with her family.