The ruling on a fornicator marrying a fornicatress after repentance
10-1-2015 | IslamWeb
Question:
Respected Scholars, I have a question with regards to Surah Al-Nur: Ayat 3, and I was hoping you would be able to shed some light on the matter. I have been reading various translations, fatwas, tafsirs and commentaries explaining the verse and there seems to be a difference of opinion amongst the scholars when it comes to the interpretation the meaning. Some scholars believe that the verse was abrogated with a later verse, while others believe that the verse is not an injunction but merely a statement of fact from Allah (swt). In light of some ahadith, it seems that the verse only applies to those 'zaanis' who have been proven guilty in an Islamic court of law and have been punished with the hadd penalty. Several scholars have also highlighted that this verse is only applicable to those 'zaanis' who persist in their transgression and have not repented and reformed themselves. Despite the differences in opinion among the scholars with regards to the interpretation, all the sources seem to be of the same opinion that after sincere repentance such a union would be 'valid' according to Islamic Law and in the sight of Allah (swt). Is there any evidence from the Qur'an and/or the Sahih Ahadith which states that after sincere repentance and reformation a person's status of being a 'zaani/zaniyah' changes and they become 'pure' again? I have no doubt about Allah's (swt) capacity to forgive all sins but we can't just assume that repentance changes what has already happened. Also, is there any school of thought which take this particular verse literally and state that "even after sincere repentance a zaani/zaaniyah can never ever marry a chaste person"? Jazak Allahu Khayran!
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
The fornicator and the fornicatress are just like other sinners; if they sincerely turn to Allaah in repentance, their repentance purifies them. In fact, their sins will be replaced with good deeds, as Allaah says when mentioning the characteristics of the Servants of the Most Merciful (what means): {And those who do not invoke with Allaah another deity or kill the soul which Allaah has forbidden [to be killed], except by right, and do not commit fornication. And whoever should do that will meet a penalty. Multiplied for him is the punishment on the Day of Resurrection, and he will abide therein humiliated - Except for those who repent, believe and do righteous work. For them Allaah will replace their evil deeds with good. And ever is Allaah Forgiving and Merciful.} [Quran 68-70]
Also, Abu Hurayrah 
narrated that the Prophet 
said: "Whoever repents before the sun rises from the west, Allaah accepts his repentance." [Muslim]
Among the major signs that the repentance is accepted is that the situation of the person improves after it in such a way that the repentant person engages in acts of obedience and fears to commit sins and bad deeds. This is possible and it happens quite often, and there is no reason to think that it is unlikely.
As regards the prohibition of a fornicator marrying a fornicatress even after repentance, then this was reported from some of the Salaf (righteous predecessors) like Ibn Mas‘ood, ‘Aa'ishah and Al-Baraa' ibn ‘Aazib 
; this was mentioned by Ibn Qudaamah 
in his book Al-Mughni.
For more benefit, please refer to Fataawa 208318, 84879, 82718 and 88697.
Allaah Knows best.