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In the Name of God بسم الله

Marital Relationship

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Assalamu Alaikum everyone,

I have a question related to the marriage.

If a Muslim man had a physical  relationship with a married Muslim woman and later that woman divorced her husband and married a man whom she had physical relationship, is that marriage valid or invalid? Can they do anything to repentance? Or is it better they come out of this marriage?

Please share your knowledge as per Qur'an and hadees.

Jazakallah

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Drugs and Denial are the American way of doing things. It could be an option for who ever is in this situation. 

Just remember that. 

Drugs AND Denial.

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If a Muslim woman didn't have the shame, honour and respect to stay loyal to her husband, what makes you think that she will not do the same to the next husband?

I wouldn't advice any Muslim brother to marry a woman known for being disloyal, save yourselves from the trouble.

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Ruling 2419. If a man marries a woman who is observing the ʿiddah of her marriage to another man, in the event that both or one of them knew that her ʿiddah was not yet over and they knew that marrying a woman who is observing ʿiddah is unlawful, the woman becomes unlawful for him forever even if they did not have sexual intercourse after getting married. And if they were ignorant about what ʿiddah is or about it being unlawful to marry a woman who is observing ʿiddah, then the marriage contract is invalid. Furthermore, if they have had sexual intercourse, it is forever unlawful [for them to get married to each other]; otherwise, it is not unlawful and they can get married again once the ʿiddah is over.

Ruling 2420. If a person knows that a woman is married but he marries her anyway, he must separate from her and must not marry her again. The same applies, based on obligatory precaution, if he does not know that she is married but he has sexual intercourse with her after getting married to her.

Ruling 2421. If a married woman commits adultery, then based on obligatory precaution she becomes unlawful forever for the adulterous man. However, she does not become unlawful for her husband. And in the event that she does not repent and persists in committing adultery, it is better for her husband to divorce her, although he still has to give her dowry to her.

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On 3/3/2020 at 4:34 AM, Dubbo said:

Assalamu Alaikum everyone,

I have a question related to the marriage.

If a Muslim man had a physical  relationship with a married Muslim woman and later that woman divorced her husband and married a man whom she had physical relationship, is that marriage valid or invalid? Can they do anything to repentance? Or is it better they come out of this marriage?

Please share your knowledge as per Qur'an and hadees.

Jazakallah

There is no way to make their invalid marriage valid.. so they should stay away from more zinah between them and turn to Allah in repentance for what they have already done.

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If I’m not wrong, I’ve read somewhere that the worst zina in Islam is a man having a relationship with a married woman, not sure if it’s true. 

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1 hour ago, AkhiraisReal said:

If a Muslim woman didn't have the shame, honour and respect to stay loyal to her husband, what makes you think that she will not do the same to the next husband?

I wouldn't advice any Muslim brother to marry a woman known for being disloyal, save yourselves from the trouble.

What about the man? I wouldn't advice any Muslim Sister to marry a man who didn't have the shame, honour and respect to stay away from luring married women astray!!!

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5 hours ago, Revert1963 said:

What about the man? I wouldn't advice any Muslim Sister to marry a man who didn't have the shame, honour and respect to stay away from luring married women astray!!!

If the woman didn't let her social and physical hijab down, this would never happen. 

And if you say luring, then it's rape. Either she did it with consent or not.

Yes sisters should avoid men like that. 

But the difference is, one was married and the other wasn't. One can conceive child the other can't. 

Edited by AkhiraisReal
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@Moalfas not sure what you are implying.

If the woman didn't consent to have extramarital sex, then she got raped. If she did consent then she has committed major sin. And same applies to the guy. Not only did they commit a major sin for having extramarital sex, but also by having zina. So you are committing several sins at the same time. 

We are not talking about toddlers who don't know the difference between haram and halal. 

Either it was done with consent or one of them got raped. 

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1 hour ago, AkhiraisReal said:

Either it was done with consent or one of them got raped.

This may not be relevant here but there is a third category. Although that is extremely rare, it is still possible. There are Islamic rules to cover for such extremely unusual scenarios too.

Here is an example: 

A man gets married to a woman. At the same time, the man's brother gets married to the woman's sister. Both weddings take place at the same house. Both men have never seen their wives before. When the function is over and the grooms retire to their rooms, there is a mix up and they end up in wrong rooms. Both couples consummate their marriages without finding out that they are with their sisters-in-law and not their own wives They find out the reality next morning when things become more evident and family members get surprised to find men coming out of wrong rooms. 

What is the Islamic law in such a case? This is neither rape nor consensual sex. It is a mistake - as far as I understand, the 4 people involved in this situation have committed a grave mistake but they will not be punishable. However, any children born out of this event will be illegitimate. Such a case is very unusual but it is not humanly impossible, and the beauty of Islam is that it gives laws for such rare cases too. 

Edited by Liggel
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19 hours ago, AkhiraisReal said:

If the woman didn't let her social and physical hijab down, this would never happen. 

If the man didn't try to court a married woman the situation would never happen. It is as if you think that Muslim men is incapable of being dishonest. From what I have observed that is unfortunately not so.

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1 hour ago, Liggel said:

A man gets married to a woman. At the same time, the man's brother gets married to the woman's sister. Both weddings take place at the same house. Both men have never seen their wives before. When the function is over and the grooms retire to their rooms, there is a mix up and they end up in wrong rooms. Both couples consummate their marriages without finding out that they are with their sisters-in-law and not their own wives They find out the reality next morning when things become more evident and family members get surprised to find men coming out of wrong rooms. 

*Faceplam*

  I once had the misfortune to sit through a punjabi Indian movie where the storyline revolved around brides getting exchanged at the time of rukhsati.  

So either you get ideas from Sikh movies or you spent too much time reading the 'sexual offences' section of the book. 2071131014_images(97).jpeg.5173d57542868c43ffe724ba5b8e823b.jpeg

It's not possible to come up with so many weird scenarios that you post in various threads all by yourself.

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15 minutes ago, starlight said:

Even if a woman is being Zulaikha the man still has the choice to be Yusuf.

Don’t forget he ((صلى الله عليه وآله وسلم)) was the most handsome man in the world, yet some guys have some abs and they expect to have a relationship with tons of women.

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1 hour ago, starlight said:

So either you get ideas from Sikh movies or you spent too much time reading the 'sexual offences' section of the book

I don't watch Indian movies at all. Although I agree Parikh was a strange book with some weird cases....(Kia Yaad keraya aap nay!) :)

As for this scenario, I just read it somewhere. There are 'Islamic Jurisprudence' rules for these rare cases too, so we cannot say that such cases have never happened in the long history of mankind. 

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When a martial relationship applies to one party of the zina,

Qur'an 17:32 and at the beginning of Surah Nur.

As to the execution, Sahih Muslim, Vol17,Chap 3, No. 4193  The both get one hundred and then the marred person gets stoned.

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Sunni source: 

Ad-Dusooqi said in his Haashiyah:

"His saying 'excludes the one who made a mistake' refers to the one who intended (to have intercourse with) his wife but made a mistake and had intercourse with another woman. His saying 'the ignorant' refers to the one who believed that she was his wife or a slave girl whom his right hand possessed and then it turned out that she was a non-Mahram (marriageable/alien) woman to him. And 'the ignorant' is also the one who believes that it is lawful to have intercourse with non-Mahram women because of being a new Muslim who came from a land that is remote from the land of Islam." 

https://www.islamweb.net/en/fatwa/362605/whether-unintentional-penetration-constitutes-fornication

Edited by Liggel
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On 3/3/2020 at 4:56 AM, baqar said:

As for repentance, of course they should repent.

But as far as I know, they are not allowed to marry until the woman has married  someone else and left him.

Hopefully, some other people will give you more helpful advice.    

They already married.

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5 hours ago, hasanhh said:

@Liggel  Ad-Dusooqi is a Maliki School jurist, not a source of hadith or emulation. Please do not post stuff that unnecessarily promotes controversy . . . :shifty:"That is my job."

:D

I posted it just to show that there are rules in Islam even for cases such as when a man has sexual intercourse with a woman thinking she was his wife, but later it turns out that she was his non-mehrum. There will be rules for this case by Shia marjaas as well. This is not something unknown to mankind. 

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2 hours ago, Liggel said:

I posted it just to show that there are rules in Islam even for cases such as when a man has sexual intercourse with a woman thinking she was his wife, but later it turns out that she was his non-mehrum. There will be rules for this case by Shia marjaas as well. This is not something unknown to mankind. 

l knew of a case four decades ago where the man married a girl that still had an outstanding bigamy arrest warrant -for her prior marriages.

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23 hours ago, AkhiraisReal said:

@Moalfas not sure what you are implying.

I'm implying several things:

1. Whilst you were happy pointing out the lack of 'shame, honour and respect' in women who engage in such behaviour, you ignored the fact that men who engage in such behavour are just as shameless and lacking in 'honour and respect'.

2. You went on to claim that this would 'never happen' if the woman didn't let her 'hijab down', forgetting that the man is just as guilty for letting his 'hijab down'.

3. Then you went off topic by bringing rape into the equation out of nowhere, when the OP did not raise any issues regarding consent. 

4. The comments you made come across as chauvinistic and I suggest you try to be more balanced in the future. 

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19 hours ago, Dubbo said:

How can I let them to part ways by taking divorce?

Is process of divorce still applicable to them since their marriage is invalid?

How would they face their families and social circle?

looking scary!!!!

No divorce formula or eddah for fornication.

How will they face Allah on the day of qiyamah and their deed will be displayed for all, families, friends and foes? 

P.s their families do not need to know the details of their divorce just that they have decided their marriage can no longer work and part ways. When its a mutually consented to divorce, the paperwork is a lot less complicated to obtain.

Scary indeed, and they should have thought of this before engaging in zinah. Tawbah is the gate open for them now. Burying their heads in the sand about their sin will not help them. 

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6 hours ago, habib e najjaar said:

No divorce formula or eddah for fornication.

How will they face Allah on the day of qiyamah and their deed will be displayed for all, families, friends and foes? 

P.s their families do not need to know the details of their divorce just that they have decided their marriage can no longer work and part ways. When its a mutually consented to divorce, the paperwork is a lot less complicated to obtain.

Scary indeed, and they should have thought of this before engaging in zinah. Tawbah is the gate open for them now. Burying their heads in the sand about their sin will not help them. 

I think anyone who knows its consequences wouldnt do such a grave sin.

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2 hours ago, habib e najjaar said:

they were not aware that even thinking about another person , let alone physical zinah, while married is a sin?

Yes...Even if someone is unmarried, they cannot think about other people, let alone when someone is married. But desite this, even married people commit adultery...The difference between what we humans are required to do (not even have a single haram thought in our life) and what we end up doing....is huge. 

Edited by Liggel
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1 minute ago, Liggel said:

 

Even if someone is unmarried, they cannot think about other people, let alone when someone is married. But desite this, even married people commit adultery...The difference between what we humans are required to do (not even have a single haram thought in our life) and what we end up doing....is huge. 

Islam recognizes a difference between a married person engaging in adultery and an unmarried person. One is punishable by lashes, one is punishable by death. This is because, the assumption is that once married, even to the most ugly or displeasing of characters, the bare minimum of satisfaction of a human need has been provided for, and thus the person does not have the excuse to engage in haraam. 

For a married person to commit adultery... it is extremely dangerous and disturbing. Even from a humanitarian perspective, is it fair to expose the other party to the marriage to potential disease, in the case of a woman - to siring illegitimate children who can then affect the inheritance etc of her spouse?

The narrations even mention some of the harmful physical effects of letting one's mind wander to another person while engaging in the act with their spouse, so we need to take these things more seriously and not excuse them under the brush of everyone sins, people tend to make mistakes etc.

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I think you misunderstood me. What I said was completely in line with your view... that, when Islam doesn't allow even an unmarried person to have a single haram thought about another person, then how will it accept married people indulging in adultery. 

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12 minutes ago, Liggel said:

I think you misunderstood me. What I said was completely in line with your view... that, when Islam doesn't allow even an unmarried person to have a single haram thought about another person, then how will it accept married people indulging in adultery. 

Ah, sorry about that, my bad. I blame the age :einstein:

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