Can A Woman Who Commited Zina Marry Without Her Father’s Consent?

Answered by Shaykh Abdul-Rahim Reasat

Question

Assalamu ‘alaykum.

I’ve heard a virgin needs her father’s consent to marry. What if she committed zina? How would she be treated?

Answer

Wa ‘alaykum assalam wa rahmatullah wa barakatuh.

I pray you are well.

In the Hanafi school a virgin can marry herself to someone without any need for her father’s consent as long as the husband meets the criteria of suitability (kafa’a). Otherwise, the marriage contract is invalid. (Maydani, al Lubab). 

This is a legal nuance, and, clearly, both families should be consulted and involved in the process. Not doing so is likely to lead to relationships being negatively affected, and this is something Islam does not promote. If there is a situation where one’s family are unfairly preventing one from marrying a suitable spouse an experienced local scholar should be consulted.

As for a lady who commits zina, the first thing to do is to repent and to get out of that situation. This is very important. Beyond that, if it is a secret it should be kept that way. Someone who knows of her mistake should stay silent.

Such a lady is treated as a virgin in all respects. A single mistake shouldn’t be the cause of her life being affected negatively if it can be helped. Everyone makes mistakes, and as long as they are not actively harming others, concealing them is praiseworthy. (Maydani, al Lubab)

May Allah grant you the best of both worlds.

[Shaykh] Abdul-Rahim

Checked and Approved by Shaykh Faraz Rabbani

Shaykh Abdul-Rahim Reasat began his studies in Arabic Grammar and Morphology in 2005. After graduating with a degree in English and History, he moved to Damascus in 2007, where, for 18 months, he studied with many erudite scholars. In late 2008 he moved to Amman, Jordan, where he continued his studies for the next six years in Sacred Law (fiqh), legal theory (Usul al-fiqh), theology, hadith methodology, hadith commentary, and Logic. He was also given licenses of mastery in the science of Quranic recital. He was able to study an extensive curriculum of Quranic sciences, tafsir, Arabic grammar, and Arabic eloquence.