“The fornicator marries none but the fornicator and the idolater marries none but the idolatress. This is all forbidden to the believers.” (Qur’an 24:3)
﷽
One of the known positions in the Ibadi schoolis that one cannot marry a person whom they have committed fornication or adultery with. Rather, those people who have done so are to be punished, banished and then only to marry among those who have committed similar acts.
Those who associate partners with Allah or worship other than Allah are to be married among themselves. Those Muslims who have committed adultery/fornication are to only marry those Muslims who have similarly committed acts of adultery/fornication. They are forbidden to marry the ones they have committed fornication/adultery with.
Ad-Darooriyyat Al-Khams—The Five Basic Necessities that are protected and recognized by Islamic law-shari’ah.
The five necessities—religion, life, intellect, lineage, and property are defined.
This ruling would fall under the category of: preservation of lineage.
The following is a presentation put forward by our respected teacher, Shaykh Juma Muhammed al-Mazrui. -May Allah continue to bless him and benefit us by him.
left off pg. 27.
If you notice, many English translations of this text seem convoluted. It gives the impression that if a Muslim man or woman committed fornication that they could marry an idol worshiper. Nothing can be further from the truth.
We do want to comment that we personally feel that all translations and translators of the Qur’an have failed to convey what Qur’an 24:3 means and we have yet to see a translation that translates the meaning accurately. We put this right up there with Qur’an 4:157 as the worst translated text that translations and translators have failed to convey.
One may see for themselves the disparate translations of Qur’an 24:3 here:
https://www.islamawakened.com/quran/24/3/
The major reason why we loath all translations of Qur’an 24:3 is that when you look at it:
“The fornicator shall not marry any but a fornicatress or idolatress.” It gives the impression that a Muslim male or female or committed fornication has two options for his/her future.
a) marry a believer who has done a similar offense.
b) marry a mushrik who has done a similar offense.
We would translate it as: “The fornicator marries none but the fornicator and the idolater marries none but the idolatress.” The reason that the mushirk is put in this context is to show the level of disdain that Allah (swt) has for people who commit fornication.
Looking at the verse itself:
“T”The fornicator marries none but the fornicator and the idolater marries none but the idolatress. This is all forbidden to the believers” (Qur’an 24:3)
- The believer does not marry the mushrik
- The believer who commits fornication marries only a believer that similarly has committed fornication.
What becomes very strange is how some will agree to point 1. They will say yes, a believer can never marry a mushrik. Yet, those same people will say, but a believer who has committed fornication can marry a believer who has not done such an act!
This is clearly inconsistent.
We wanted to comment on two sections of this article. The first is the following paragraph.
“There are cases where some men pursuing an illegal sexual relationship, trick and deceive women that resist their sexual advances. The most commonly deceptive trick used by these men is to entice women into fake marriage proposals in order to coerce an unlawful relationship with them. Many women, especially younger women, are duped by these men, so they accept and yield to their seduction only to realize later that it was an utter lie.” -Shaykh Juma Muhammed al-Mazrui
“It is logically conceivable, therefore, that the legalization of post-fornication and post-adultery marriages has been an open invitation for committing adultery among young Muslim men and women. The permissibility of post-fornication and post-adultery marriages has been the reason for moral corruption and carefree attitude among young people when it comes to sexual relationships. In such societies, men see no consequences for their conduct; and a gullible woman thinks she will be rewarded with marriage by succumbing to a pre-marriage sexual relationship. She will have no reason not to believe, since the society she lives in has accepted such marriages. Had the idea of the impermissibility of post-fornication and post-adultery marriages prevailed in Muslim societies and been entrenched in their culture, a Muslim woman would not have been taken advantage of: she could recognize a lie when she heard it. She could respond to it by saying that post-fornication and post-adultery marriages are not allowed in the Islamic religion. So the fact is that there will be no marriage between us after we engage in an illegal sexual relationship.” -Shaykh Juma Muhammed al-Mazrui
Prima Qur’an comments:
The above paragraph are very sound in reasoning. Our respected teacher, Shaykh Juma Muhammed al-Mazrui has made a very forceful argument.
“That is because each of the two partners, in such marriages, is most likely to doubt the other to be an adulterer, since as adulterers they found each other prior to their marriage. The fact that one spouse knows what mischief the other spouse is capable of doing can be utterly destructive to their mutual trust and mutual respect, and eventually to the marriage itself. Thus, it can be conclusively said that mutual trust and mutual respect lead to happiness and tranquility in any marriage. Conversely, the lack of trust and respect between spouses, which could be very much the result of their premarital mating, nourishes the meltdown of love and increases tension in the marriage.” -Shaykh Juma Muhammed al-Mazrui
Prima Qur’an comments:
Here we disagree with our respected teacher because the reasoning is not sound.
It is not explained how a person who has committed fornication/adultery and then marries another person who has similarly committed fornication/adultery would not suspect their spouse of mischief. After all, the reason they know they are able to marry each other is because of the very fact that both are equal for doing the same sin.
Meaning the only reason I have access to you for marriage is because you have been guilty of committing the exact same thing that I have been found guilty of.
Note — this is not an argument against the fiqh position; this is an argument against the use of rai’ (reason) that does not seem to follow through.
By limiting those who have committed fornication/adultery to marrying only those who have similarly done such things, it is one possible safety measure to stop the spread of sexual infectious diseases. Or, perhaps, to allow those who may have contracted an infectious sexual disease to enjoy the fruits of marriage and companionship among themselves.
The position is strong the practical implimentation is wanting.
This particular position in our school is very strong. We do not dispute this point. However, our school would struggle with practical implimentation of this ruling.
No one is saying that a person who committed fornication can never get married, but if the ruling is that they can only marry someone who has similarly committed fornication (not the one they did the deed with), how does this work?
Those in our school who hold this position there is a real disconnect here between the ruling and the practicality. This is especially true when we consider the following.
- Islam does not encourage one to broadcast the sins that Allah (swt) has covered.
- Islam allows for and encourages the safeguard of one’s honour.
A brother or sister does not necessarily approach friends or respected elders and say: “Excuse me, I have committed fornication. Do you have anyone among your friends or relatives that has committed fornication that is looking to get married?”
There is an encounter that was mentioned to me concerning Shaykh Ahmed Al Khalili (h). He was in the middle of Oman and approached by a man from the Hanafi school. The man said, “Oh Shaykh, I have committed Zina and I really love this woman and I want her to be the mother of our children.” The Shaykh replied to the man: “May Allah give you better than her.”
Though it is not polite to say to the man’s face, we imagine that the Shaykh also thought: “May Allah give her better than you.”
Jabir reported Allah’s Messenger (saw) as saying:
There is a remedy for every malady, and when the remedy is applied to the disease it is cured with the permission of Allah, the Exalted and Glorious.
Source: (https://sunnah.com/muslim:2204)
Do note that this is a widely known position in the school. There are other voices in the Ibadi school that do not agree with the above position. If you are thinking of adopting the school or have questions on this matter, kindly consult a scholar of the school.
You maybe interested in reading the following:
May Allah Guide the Ummah.
May Allah Forgive the Ummah.
Prima Quran 
As salamu ‘alikum wr wb to you and your husband. I wish there was a way to reply to your message with greater anonymity to safeguard and protect you.
You are correct that when we take our shahadah it washes away every sin that we have done prior and especially those we did in ignorance , without divine guidance.
I have referred your question to our noble teachers as I am simply a blogger and I am no one learned.
I am also thankful to Allah (swt) that the articles are helpful. It gives me the energy to keep writing.
Do know that if you continue upon what ever school, Sunni (four madhabs, salafi), Shi’a you are still a Muslim. I write these articles because I believe this school has greater veracity in its claims. It is more consistent. I believe that in a world with a more militant atheism and a very evangelical Christianity that it is important to have a robust faith.
Insh’Allah I will get back to you. However, if possible you (or your husband can e-mail me).
When you see this kindly reply ‘acknowledged’ This way I can delete your comment.
May Allah (swt) continue to bless you and your husband. As a convert myself I would like to say to you both. Welcome Home!
Dear noble sister, no sooner than you asked the question I sent to our teacher. By Allah (swt) I affirm to you from Shaykh Hamed Hafidh As Sawafi that the marriage of you and your husband is intact. Your actions were prior to coming into Islam. May you both live out your lives blessed.
Just saw this. After sending the above. Jazakallah Khair for your very quick assistance. Is it alright if I email you if I have any further questions?
Absolutely.
Is watching pornography & sexual imagination (without any intention to do so in real life) considered as a major sin & will a person burn in hellfire for eternity if he does those and dies without repenting even if he doesn’t commit any real unlawful sex in real life?
There’s a quran verse which could mean something like “don’t go near zina”
So can the watching/imagining even without intention to do so in reality life fall under going near zina.
I hear of a supposed hadith which could mean if a person wishes to partake in a sin then Allah will consider it as if he had committed it.
https://islamqa.org/hanafi/muftionline/104569/watching-porn-videos/
This page mentions the hadith like this:-
where sin takes place, those who were not present but desire and wish that they could have been present in that gathering and participated in the sin, then in the court of Allah Ta’ala they will be treated as though they were present in that gathering of sin. Hence the one viewing these filthy scenes and takes enjoyment from it and hopes that he could have fulfilled his desires in the same way will be treated as though he was present at the time the sin took place.
“Enter not houses other than your own houses until you have obtained the permission of the inmates of those houses and have greeted them with peace.” (Qur’an 24:27)
“O believers! Avoid many suspicions, ˹for˺ indeed, some suspicions are sinful. And do not spy, nor backbite one another. Would any of you like to eat the flesh of their dead brother? You would despise that!1 And fear Allah. Surely Allah is ˹the˺ Accepter of Repentance, Most Merciful.” (Qur’an 49:12)
“˹O Prophet!˺ Tell the believing men to lower their gaze and guard their chastity. That is purer for them. Surely Allah is All-Aware of what they do.” (Qur’an 24:30)
According to our scholars understanding we should not even be unnecessarily looking at women who are not wearing the Khimar let alone beyond that.
Today in some situations and societies it is almost unavoidable and it is becoming in many cases the norm.
I have noticed even outwardly practicing Muslims on social media when wanting to share content that is helpful or beneficial to the plight of Muslims in Palestine in the process they are sharing things that also distribute the haram.
I come from a culture and society where both men and women have frequent inappropriate interactions. May Allah suffice us.
1) Any major sin that we do that we do not repent from it is clear what happens to such a person.
As regards thinking about a particular sin, engaging in zina, homosexuality, stealing, lying just thinking about such an act is not tantamount to sin.
In fact, having such thoughts than turning from it, becomes meritorious.
“Is watching pornography & sexual imagination (without any intention to do so in real life) considered as a major sin.”
This part confused me as it seems to be a two part question. I hope that I am able to answer it accordingly.
The first part seems to ask about: “watching pornography.”
The second part seems to simply be about having fantasy or thoughts about such thing.
The second part was already answered.
The first part on pornography is yes it is a major sin.
May Allah (swt) grant us all spouses that are the coolness of our eyes and the means to turn away from the insinuation of the Shaytan.
As regards that hadith we would give no consideration to it as the human being is often in a state of conflict and insinuations on many things, lying, cheating, stealing, fraud, even being abusive all can come to the mind.
May Allah suffice use. Please keep Palestine, Rohinyga, Uguyrs, the people of Congo and all oppressed in your prayers.
Thank u for your response.
I understand that having unintentional thought is not considered as a sin. But the first part of the question was about intentional thinking. For example if i know a woman who is not my spouse and have INTENTIONAL sexual fantasy about her inside my mind without having any real intention to actualise those fantasies into real life; would that be considered as a major sin.
And regarding the second part; I understand that the scholars consider even looking at an non-mahram woman as zina.
But what would the ibadi scholar’s view be on matchmaking sites where people look for potential husband/wife for marriage. Those sites have pictures of candidates who are sometimes hijabi and sometimes non hijabi and sometimes wear dresses that are indecent.
So would it be a zina for me to visit those sites with an intention of finding a spouse?
Or would the scholar recommend me to marry a woman without ever seeing her face beforehand.
Kindly give some time as many of the scholars/teachers are preparing for Ramadan.
Will try and get some answers for you.
Thinking to commit a sin intentionally just thinking. Thoughts are not intentions.
However, if a thought random or not becomes an intention here is the reply:
Believer is required to remember Allah day and night. We should refrain
ourselves from such thoughts. Allah out of his mercy he does not record a sin for an indivdual unless they do an action.
It was narrated that Abu Hurairah said:
“The Messenger of Allah said: ‘Allah, the Mighty and Sublime, has forgiven my Ummah for what is whispered to them or what enters their minds, so long as they do not act upon it or speak of it.'”
Source: (https://sunnah.com/nasai:3434)
Narrated ‘Umar bin Al-Khattab:
I heard Allah’s Messenger (saw) saying, “The reward of deeds depends upon the intentions and every person will get the reward according to what he has intended. So whoever emigrated for worldly benefits or for a woman to marry, his emigration was for what he emigrated for.”
Source: (https://sunnah.com/bukhari:1)
It is not from among the major sins.
As regards the question on the website for a spouse the adivse is that this should be a last resort.
If someone is raised as a Muslim they have recourse to females in their family. If this is not an option
a local Masjid or Islamic Centre.
1) Do not go to Non Muslim matrimonial sites. This is not even an option.
2) If there are so called “Muslim” matrimonial sites you have to wonder if they are truly promoting
what is pleasing to Allah (swt) if they are having women/men displaying themselves in appropriately.
Nonethless if all options are exuasted. Now, if pictures happen to pop up just as you (seems like in your situation) most likely
see women not covered appropriately in your day to day it is not zina for you to look at them. It would be in appropriate to stare and gawk
at such images.
Also, just a reminder for others reading this comment. You approached this in a good way, anonymously. Also, you did not say that yourself were doing such things.
*note* brothers and sisters never expose your sins to anyone. It is a mercy from Allah (swt) that your sins are not exposed. Everyone has short comings and mistakes.
It is always good to ask such questions in a neutral manner: “What if so and so did” “What is the ruling on a person who said..did etc.”
That is the way that protects your honour.
May Allah (swt) bless you in finding a spouse. May Allah suffice us!
Answers from:
Shaykh Hilal Al Wardi
Shaykh Hafidh As Sawafi
Shaykh Hatim Abdis-Salam