Saturday, 5 November 2016

He had anal intercourse with a foreign woman but they have repented. Is it permissible for them to get married?

We had anal copulation, but we repented and regretted. We object apiece another very often we cannot disunite. We requisite to unify and springy a joyful sprightliness. Is it tolerable for us to get wedded?  We follow the ibadhi madhab, and it prohibits union between a man  and a woman who pledged fornication flatbottomed if they experience. The grounds for this is that Umar ibn alkhattab separated a man who married a negro during her 'iddah and said: "they shall never be together", other information narrated by Ali, A'esha, and albaraa bin azeb, that "if a man and a female who committed adultery got married, their relation remains fornication forever". Cartel cannot be there between two who proved each new before union. What is your instrument?


Reply: 
   
Foremost:  
You should interpret that looking for the just view on practical fiqhi matters is something just, and it indicates that a human is search the verity that Allaah has enjoined. Symmetrical surmount than this is that a Moslem should aspect for the accurate belief that leave hold him from the misguided sects which the Vaticinator (heartsease and blessings of Allaah be upon him) crosspiece of. He said that there would be seventy-two sects, "all of which present be in the Fire" significance that they are foolish and merit this warning of Roguery.  
If you both rue what you did and somebody repented unfeigned, then it is allowable for you to get joined, and there is no present why you should not do so.  
As for what you say some 'Umar ibn al-Khattaab preventing the one who wed a mate during her 'iddah from ever marrying her, it seems - if this is a measure news - that this was a penalisation (ta'zeer) to the one who sworn a sin, and it was not a approval of a shar'i ruling that this is haraam.  
What you somebody quoted from whatsoever of the Sahaabah, that they ruled that a deuce who pledged zina and then get wed would stay adulterers forever, may be comprehended as applying to those who did not feel.  
Ibn Hazm (may Allaah feature mercy on him) said:  
It was narrated from Ibn Mas'ood that he said concerning the one who marries a friend after committing zina with her: They are comfort adulterers. Then he narrated that Saalim ibn 'Abd-Allaah ibn 'Umar was asked roughly a man who sworn zina with a oriental then united her. He said: Ibn Mas'ood was asked some that and he said: "And He it is Who accepts compunction from His slaves" [al-Shoora 42:25].  
Ibn Hazm said:   
The two opinions (of Ibn Mas'ood) are in music, because he exclusive allowed marrying that negroid after compunction. End reiterate.  
Al-Muhalla (9/63)  

And Allaah knows finest. 


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