唔通唔允許娶一個曾經犯過zina嘅女人

問題

Is it permissible to marry a woman who used to commit zina?.

答

讚美真主.

It is not permissible to marry a zaaniyah or zaani unless they have repented. If the man or woman has not repented then the marriage is not valid.

真主說 (含義的解釋):

通姦者——淫亂者娶的不是通姦者，而是通姦者——或穆什里卡; 和-, 除了通姦者——妻或穆什里克人——妻外，沒有人娶她。 [意味住同意結婚嘅男人 (有性關係) 穆什里卡 (女性多神教徒, 異教徒或偶像崇拜者) 或, 咁肯定, 佢一係係通姦者，一係係淫亂者, 或穆什里克 (神論者多, 異教徒或偶像崇拜者). 和同意結婚嘅女人 (有性關係) 穆什里克 (神論者多, 異教徒或偶像崇拜者) 或通姦者-淫亂者, 咁佢一係係，一係係穆什里卡 (女性多神教徒, 異教徒, 或偶像崇拜者)]. 噉嘅事情對信徒來講係禁止嘅 (伊斯蘭一神論)"

[努爾 24:3]

There is a report concerning the reason for the revelation of this verse which makes the ruling clearer. 阿布达伍德 (2051) narrated from ‘Amr ibn Shu’ayb, from his father, from his grandfather, that Marthad ibn Abi Marthad al-Ghanawi used to smuggle prisoners from Makkah. There was in Makkah a prostitute called ‘Anaaq and she had been his friend. 佢話: I came to the Prophet (真主嘅平安同祝福屬於佢) and said: 真主使者啊, should I marry ‘Anaaq? He remained silent and did not answer me. Then the words “and the adulteress –fornicatress, none marries her except an adulterer — fornicater or a Mushrik” were revealed. He called me and recited them to me, and said: Do not marry her. Classed as saheeh by al-Albaani in Saheeh Abi Dawood.

In ‘Awn al-Ma’bood it says:

This indicates that it is not permissible for a man to marry a woman who has openly committed zina. This is indicated by the verse quoted in the hadeeth, because at the end of it, 它說: “Such a thing is forbidden to the believers”. This clearly shows that it is haraam. 結束語.

Al-Sa’di (願真主憐憫佢) said in his commentary on the verse quoted above:

This shows that zina is abhorrent and that it tarnishes the honour of the one who does it in a way that other sins do not. We are told that no woman marries a zaani except a zaaniyah who is like him or a mushrikah who associates others with Allaah and does not believe in the resurrection or reward and punishment, and does not obey the commands of Allaah. The same applies to the zaaniyah: no one marries her but a zaani or a mushrik. "信徒禁止這樣的事情"意味住: it is forbidden for them to marry zaanis or zaaniyahs.

What the verse means is that the one who marries a person, 男人或女人, who has committed zina and has not repented from that must be either a person who is not adhering to the rulings of Allaah and His Messenger, so he cannot be anything but a mushrik, or he is adhering to the laws of Allaah and His Messenger but he goes ahead with this marriage even though he knows about this zina, in which case the marriage is zina and immorality. If he were truly a believer in Allaah, 佢唔會咁做.

This clearly indicates that it is haraam to marry a zaaniyah until she repents, or to marry a zaani until he repents, because the partnership between a man and his wife or a woman and her husband is the closest of partnerships. 真主說 (含義的解釋): 朕召集嗰啲做錯事嘅人, 同佢哋嘅同伴一起徜徉 [萨法特 37:22]. Therefore Allaah has forbidden that because of the great evil that it involves. It also implies a lack of protective jealousy and implies that children may attributed to the husband who are not his, the zaani will not be keeping her chaste because he is distracted by someone else. Any one of these would be sufficient for it to be haraam. 結束語.

谢赫·伊本·乌泰米恩 (願真主憐憫佢) said something similar, and said that the meaning of the verse is that the one who believes that it is haraam to marry a zaaniyah but still marries her has entered into a haraam marriage contract which he believes is haraam. A haraam contract is like one that does not exist, so it is not permissible for him to be intimate with the woman; in that case the man will be a zaani.

But if he denies that it is haraam to marry a zaaniyah and says that it is permissible, then in this case the man is a mushrik, because he has declared permissible something that Allaah has forbidden and has made himself a lawmaker along with Allaah. This is what we say to a man who gives his daughter in marriage to a zaani.

Fataawa al-Mar’ah al-Muslimah, compiled by Ashraf ‘Abd al-Maqsood (2/698).

這 (即. that it is haraam to marry a zaaniyah) was stated in fatwas issued by Shaykh Muhammad ibn Ibraaheem (願真主憐憫佢) and by the scholars of the Standing Committee for Issuing Fatwas, headed by Shaykh Ibn Baaz (願真主憐憫佢).

See: Fataawa Muhammad ibn Ibraaheem (10/135) and Fataawa al-Lajnah al-Daa’imah (18/383).

Shaykh al-Islam Ibn Taymiyah said:

Because of the punishment that Allaah has decreed for those who commit zina, He made it haraam for the believers to marry them, as a rebuke to them and because of the sins and bad deeds that they have. … So (真主) tells us that no one does that but a zaani or a mushrik.

As for the mushrik, he has no faith that will deter him from committing immoral actions or keeping company with those who do them.

As for the zaani, his immoral nature prompts him to do that even if he is not a mushrik.

Allaah has enjoined us to shun evil and its people so long as they are doing that, and this applies to the zaani.

Allaah has stipulated that men should be chaste and not immoral, as He says (含義的解釋): “All others are lawful, provided you seek (them in marriage) with Mahr (bridal-money given by the husband to his wife at the time of marriage) from your property, desiring chastity, not committing illegal sexual intercourse” [al-Nisa’ 4:24]. This is something that should not be ignored because the Qur’aan has stated it clearly.

As for the prohibition on marrying a zaaniyah, the fuqaha’, such as the companions of Ahmad and others, have discussed it and there are reports concerning it from the salaf. Although the fuqaha’ differed concerning it, those who said it is permissible do not have any reliable evidence. 結束語.

Majmoo’ al-Fataawa (15/316)

佢仲話 (32/110):

Marriage to a zaaniyah is haraam unless she repents, whether it was he or someone else who committed zina with her. This is undoubtedly the correct view, and it is the view of a number of the earlier and later generations, including Ahmad ibn Hanbal and others.

This is what is indicated by the Qur’aan and Sunnah. The most well-known text concerning that is the verse in Soorat al-Noor where Allaah says (含義的解釋):

通姦者——淫亂者娶的不是通姦者，而是通姦者——或穆什里卡; 和-, 除了通姦者——妻或穆什里克人——妻外，沒有人娶她。 [意味住同意結婚嘅男人 (有性關係) 穆什里卡 (女性多神教徒, 異教徒或偶像崇拜者) 或, 咁肯定, 佢一係係通姦者，一係係淫亂者, 或穆什里克 (神論者多, 異教徒或偶像崇拜者). 和同意結婚嘅女人 (有性關係) 穆什里克 (神論者多, 異教徒或偶像崇拜者) 或通姦者-淫亂者, 咁佢一係係，一係係穆什里卡 (女性多神教徒, 異教徒, 或偶像崇拜者)]. 噉嘅事情對信徒來講係禁止嘅 (伊斯蘭一神論)"

[努爾 24:3]

In the Sunnah, there is the hadeeth of Abu Marthad al-Ghanawi and ‘Anaaq. 結束語.

The one who is faced with this problem and who did a marriage contract before repenting has to repent to Allaah and regret what he did, and resolve not to commit this sin again, then he should do the marriage contract again.

And Allaah knows best.

源: 伊斯蘭教Q&一個

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