Fatwa #53124 April 2002United States of America
Is it better to get 100 lashes for zina with possibility of death or repent?
Question
Bismillah-e-Rahman-e-Raheem. Assalamu Alaikum ya Sheikh, I would like to get your humble opinion. Zina is a very hatted act to Allah. However if one commits this sin, he must receive 100 lashes with strong possibility of dieying from it. Sheikh, I tried to stay away from it for over 20 years. Unfortunately I got involved. From spending time witht the girl, she got to know about islam. Alhamdulillah she accepted Islam. My question to you is: What is my punishment and obligations. Allah swt's laws must be reinforced. Which one is better? To get 100 lashes with possibility of death? or Repent?. Secondly, I read in surah Noor, something like, A zani can mary none but zani, same with mushrik can marry none but mushrik. Ya shaikh, please make this clear to me. Is it true that I can never marry a pure, virgin muslim girl? Even if I repent? What if I get 100 lashes and survive, I still cant? Finally, I cant marry the girl due to family conplications. Can I marry her, and be with her for as long as I can, before we break up due to families? where she can learn about deen as a husband and wife, rather than she going out to disbelieving world? Can I marry her without telling our parents is it possible? If yes, Is it allowed to break up if family complications arouse? If a non-muslim in her hearth is convinced, but has not said shahada yet publically, is she a muslim? Does her good and bad deads count yet? Jazakamullaho khairan, salam
Answer
1) It is indeed better to make T aubah (repent) in all circumstances and%0D%0Asuch is valid and accepted even without suffering the penalty. It is in fact%0D%0Abetter to repent without exposing one's sin. This is apparent from the way%0D%0ANabi (Sallallaahu Alayhi Wasallam) treated Maa'iz Aslami (Radhiallaahu Anhu)%0D%0Awhen he confessed to the crime of Zina. He repeatedly repulsed him saying%0D%0A"Woe to you! Go away! Repent to Allah and ask his forgiveness." It was only%0D%0Aupon insistence of Maa'iz (Radhiallaahu Anhu) that the penalty was meted out%0D%0Ato him. (Mishkaat Pg309 Qadimi)%0D%0A2) The word 'Yankihu' in the Aayah (Nur:3-4) actually means 'Jimaa'%0D%0A(copulation) and does not refer to marriage according to Ibn Abbaas%0D%0A(Radhiallaahu Anhu) i.e. None but a Zaaniyah (female adulteress) or%0D%0Apolytheist (or anyone who does not believe Zina to be forbidden) accedes to%0D%0Athe wishes of a Zaani and vice versa. Others , such as Imam Ahmed Ibn Hambal%0D%0A(R.A) have taken the word to mean Nikaah (marriage) and have thus prohibited%0D%0Asuch between a chaste man or woman and an adulterer. They have, however,%0D%0Apermitted it if a sincere Taubah (repentance) has been made. (Tafseer Ibn%0D%0AKatheer Vol 3 Pg 352 Darus Salam)%0D%0A3) It is incorrect to marry with the intention of separating later on, even%0D%0Athough such Nikaah maybe valid, neither is it fair to the spouse. If you%0D%0Adecide to go ahead with the marriage, you must commit yourself to it even if%0D%0Athings become difficult. You should perform Istikhaara before making such a%0D%0Adecision. Try to obtain your parents permission since proceeding without it%0D%0Awill cause problems between either youself, or your future spouse and your%0D%0Aparents which is something to be avoided at all costs. Explain to them and%0D%0Afailing to do so, have some elder eg. the Imaam, a local Aalim or a senior%0D%0Amember of the family speak to them on your behalf. May Allah ease your%0D%0Asituation and fulfill your wishes. Aameen.%0D%0A4) Public declaration is not a condition for Imaan. However, if there exist%0D%0Ano impediments, one should hasten to make known his acceptance of Islam in%0D%0Aorder to facilitate for application of the worldly duties and benefits of%0D%0AImaan.%0D%0A%0D%0Aand Allah Ta'ala Knows Best%0D%0A%0D%0AMufti Bilaal Cassim%0D%0AFATWA DEPT.%0D%0A%0D%0ACHECKED AND APPROVED CORRECT: Mufti Ebrahim Desai