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I have had sex with an innocent girl of my age we both are muslims. I did not have the knowledge of haram and halal while performing the act but now I feel disgusted. She wants me to marry her but my parents are strictly against love marriges.

Question: I want to know if this relationship would be halal if i convince my parents to get us married?

I am afraid if this relationship would become haram as we have already indulged in the sinful act. I am very scared and I do not want to spoil her future. Please guide me in this as I do not want to let her go.

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It is reported that some of the sahaba such as Ali, Aisha, Abdullah Ibn Masud and Bara' ibn 'Azib held that if a man commits zina with a woman then they should remain far away from each other and can not marry, and if they marry then they would be continuing their zina forever.

Among the evidence for this is the verse and the hadith:

الزاني لا ينكح إلا زانية أو مشركة والزانية لا ينكحها إلا زان أو مشرك وحرم ذلك على المؤمنين

The fornicator does not marry except a [female] fornicator or polytheist, and none marries her except a fornicator or a polytheist, and that has been made unlawful to the believers.

Quran 24:3

أن مرثد بن أبي مرثد الغنوي، كان يحمل الأسارى بمكة وكان بمكة بغي يقال لها عناق وكانت صديقته قال جئت إلى النبي صلى الله عليه وسلم فقلت يا رسول الله أنكح عناق قال فسكت عني فنزلت ‏{‏ والزانية لا ينكحها إلا زان أو مشرك ‏}‏ فدعاني فقرأها على وقال لا تنكحها

Marthad used to take prisoners from Mecca (to Medina). At Mecca there was a prostitute called Inaq who had illicit relations with him (during Jahiliyyah).

Marthad said: I came to the Prophet (ﷺ) and said to him: 'May I marry Inaq, O Messenger of Allah?'' Marthad said: He kept silence towards me.

Then the verse was revealed:"....and the adulteress none shall marry save and adulterer or an idolater."

He called me and recited this (verse) to me, and said: 'Do not marry her.'

Abu Dawud

As they say that it is forbidden for a believer to perform marriage with a fornicator.

However, the vast majority of the scholars hold that it is permitted for a man to marry a woman with whom he committed zina - especially if they have repented.

Their evidence includes:

  • Repentance removes the effect of sins.

    التائب من الذنب كمن لا ذنب له

    The one who repents from sin is like one who did not sin.

    Ibn Majah - classed as hassan or sahih based on corroboration

  • The verses:

    وأحل لكم ما وراء ذلكم

    And lawful to you are [all others] beyond these

    Quran 4:24

    وأنكحوا الأيامى منكم

    And marry the unmarried among you

    Quran 24:32

    فانكحوا ما طاب لكم من النساء

    then marry those that please you of [other] women

    Quran 4:3

    As they allow for marriage in general and that includes marriage to a woman with whom one fornicated. Some exegetes have said that 24:32 overrides 24:3 when the fornicators are Muslim.

  • The hadith:

    لا يحرم الحرام الحلال

    What is Haram does not make what is Halal into what is Haram.

    Ibn Majah

    As zina is haram and marriage is halal, hence zina can not forbid marriage.

  • The hadith:

    جاء رجل إلى النبي - صلى الله عليه وسلم - فقال: إن امرأتي لا تمنع يد لا مس، قال: غربها قال: أخاف أن تتبعها نفسي، قال: فاستمتع بها

    A man came to the Prophet (ﷺ), and said: My wife does not prevent the hand of a man who touches her. He said: Divorce her. He then said: I am afraid my inner self may covet her. He said: Then enjoy her.

    Abu Dawud

    As it implies that it is permissible to retain marriage with a person who has committed immoralities.

  • The athar of the sahaba who permitted it, such as Abu Bakr, Umar ibn al-Khattab, Ibn Umar, Ibn Abbas.

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  • can you please answer this zina related question: islam.stackexchange.com/q/43796/18985 Sep 29, 2017 at 13:13
  • Is الزاني someone who has pre-maritial intercourse or merely someone who has intercourse with at least one of them being married?
    – Jeschu
    Apr 7 at 18:42
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    الزاني is a man who commits sexual intercourse which is not lawful in Islam. Any man who has intercourse with anyone other than his wife or concubine is a zani, and any woman who has intercourse with anyone other than her husband or master is a zaniya.
    – UmH
    Apr 8 at 3:59

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