Adultery Then Married, Is It a Marriage?

Q: A man commits adultery with a woman, then this man marries him with a syar'i contract. Is this marriage valid? With a note the man said that he had repented to Allah ‘Azza Wa Jalla.


A: In this case there are several cases,

First: the saheeh of the opinion of the scholars, it is not permissible for a good man to marry an adulterous woman. And it is not permissible for good women to marry adulterous men. If the situation is for the woman to be an adulterer and the adulterous man but has repented, it is necessary to look at the situation of the woman. If the woman has also repented, then the nature that makes the marriage illegitimate (so it is permissible) is lost. But if the woman has not repented, even though the man has repented, it is not permissible to marry her.

Second: if the adulteress had repented, if she was not pregnant from the adultery she did, then they were married, this is okay. The contract is valid. However, if they are married while the woman is pregnant from the results of adultery, then the validity of the opinion of the scholars, the contract is not valid. It is not valid to make a marriage contract with a pregnant woman resulting from intercourse without marriage (read: adultery). I say "without marriage" here to distinguish from referral cases, because in this referral case the woman is pregnant because of legal marriage. And for the case that was asked earlier (if the contract is done during pregnancy) then the contract is invalid and must repeat the contract when the woman has given birth.