بسم الله الرحمن الرحيم
It is not permissible for a man to marry a woman that commits forbidden sexual intercourse, nor is it permitted for a woman to marry a man that does such, unless there occurs from both parties sincere repentance. The proof indicating this is the fact that Allah made chastity a condition found within all parties before the marriage. Just as He the exalted says:
اليومَ أُحلَّ لكم الطيبات و طعام الذين أُوتُو الكتاب حلٌّ لكم و طعامكم حلٌّ لهم و المحصنات من المؤمنات والمحصنات من الذين أُوتو الكتاب من قبلكم إذا ءَاتيتموهن أجورهن محصنين غير مسافحين و لا متخذي أحْدان
“This day the pure things have been made lawful for you. The people of the book’s food is lawful for you and yours is lawful for them. Likewise the chaste women from the believers and the chaste women from those given scripture before you when you give their bridal money (that being from) men desiring chastity, not committers of unlawful sex nor taking them as girlfriends…” [Al-Maa’idah: 5]
Also that which comes in His statement:
الزاني لا يَنْكِحُ إلاَّ زانيةً أو مشركة و الزانية لا يَنكحها إلاَّ زانٍ أو مشرك و حُرِمَ ذلك على المؤمنين
“The fornicator-adulterer does not marry except a fornicatress-adulteress or a idol worshiping woman. The fornicatress-adulteress no one marries her except a fornicator-adulterer, as the believers are forbidden from such. “[An-Nur: 3]
Allah forbade this. Prohibit upon the believing men is marriage to women that commit fornication and or adultery, as Allah orders chastity, and seeking the chaste woman and man. Thus forbidden upon the believer is marriage to whomever is described with committing prohibited sexual relations (fornication/adultery), or polytheism, because no one does that except a fornicator or polytheist, just as Allah Lord of the existence states.
As a result of this, you become aware that the affair, pertaining to the youth safeguarding their youthfulness, is tremendous. That is by him not involving himself in fornication, and the committing of immoral acts, likewise the young woman and the safeguarding of her youthful innocence. If this is the case, then it is a tremendous affair and a honorable gift.
Also the safeguarding of the woman after marriage, like we’ll see shortly. As Imam Ahmad held the opinion that if a woman committed adultery, while she has a husband, separation becomes binding. This affair will come shortly if Allah wills.
Imam Ahmad and Abu Dawud reported, with an authentic chain of transmission, upon the authority of Abu Huraira that Allah’s Messenger -sallahu alayhi wa sallam- said, “The whipped fornicator does not marry except one like him.” This narration is authentic.
The whipped fornicator: He who the Islamic punishment has been incurred upon.
Imam Ash-Shawkani said: “This description is commonly absent, pertaining to those that openly commit fornication and or adultery. In it is proof supporting the prohibition of a man marrying whomever openly commits forbidden sexual relations, likewise a woman marrying a man that does such. The previously mentioned verse alludes to this due to its last part, -and that is forbidden for the believers.- Thus it is explicit as it relates to its prohibition.”
It has not been made conditional that the Islamic penal punishment be inflicted upon him. On the contrary if he is known to commit prohibited sexual conduct, at this point it is prohibited for the believer to marry him off (to a believing woman). In addition if a woman is known to commit prohibit sexual relations, it is forbidden for a believer to marry her. This is the view of Qataadah, Ishaq, Ibn Ubayd, Ahmad, and Ibn Taymiyyah.
Translated by Najeeb ibn Yusuf Al Anjelesi
Source: المحرمات من النساء
