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The
adulterer wishes to marry his adultress
*Please appropriately reference
this fatwa to: www.fatwa-online.com, thankyou!*
Question: A man committed adultery with a woman,
so is it permissible for him to marry her before she makes
towbah (seeks repentance) and what is required of her making
towbah? Is it carrying out the prescribed penalty or the towbah
that is well known? And if the towbah is to be carried out
via the prescribed penalty, then we are in a country where
such penalties are not carried out so what is the solution
to this issue?
Response:
An adultress is not to be married by her adulterer until they
both make sincere towbah to Allaah in the manner that is well
known. And it is imperative that he keeps away from her until
the (marriage) contract with her, so as to find out if she
is pregnant from the adultery or not. If it becomes clear
that she is pregnant, then he is not to enter the (marriage)
contract with her until she gives birth to the child. This
is because the child (resulting) from adultery has no relation
with the adultery, as the Prophet (sal-Allaahu
`alayhe wa sallam) said:
((The
child belongs to the owner of the bed (lil-firaash) and the
adulterer gets the stone (i.e. nothing))).
Shaykh
Ibn 'Uthaymeen
Fataawa az-Zawaaj wa 'Ishratun-Nisaa. - Page 15, Fatwa No.116;
Fataawa ash-Shaykh Muhammad Ibn al-'Uthaymeen - Volume 2,
Page 779
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