Regarding a Man Being Unable to Marry a Woman After Having a Sexual Relationship with Her Due to Family Pressure

Aminul Islam Mamun
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Question: One of my relatives has committed a serious wrong. He had a sexual relationship with a woman, which resulted in her becoming pregnant. The pregnancy was then terminated through an abortion. The woman was not largely at fault in this incident. Around 90 per cent of the blame lies with the man. Now, their relatives have learned about the incident. However, the man’s parents strongly dislike the woman and are unwilling to accept her as their son’s wife. In this situation, what should the man do to protect himself from Allah’s (SWT) punishment and fulfil the woman’s rights?

Answer: Such an act is a major sin in Islam. If someone knowingly confesses to it or sufficient evidence is available, Islamic law prescribes a punishment. For an unmarried person, the punishment is flogging, while for a married person, it is death as a prescribed legal punishment.

If an Islamic judicial system is not legally in place in a society, ordinary people cannot impose such punishments. Only a court can enforce them. Under the laws and social conditions of the existing society, there are prescribed penalties for such offences. In this case, depending on the woman’s legal complaint, punishment may apply for rape and abortion.

If the prescribed punishment under the law or Shariah is not carried out, forgiveness from Allah can only be hoped for through sincere repentance. The person must repent and seek Allah’s (SWT) forgiveness, with a firm intention to completely abandon such behaviour in the future.

The woman is also at fault to a limited extent because of her involvement in the incident. She, too, must repent and seek Allah’s (SWT) forgiveness. If both of them agree to marry, such a marriage is not prohibited. Islamic law permits marriage between a man and a woman in these circumstances.

Whether the man’s parents approve of the woman is a family and social matter. There is no specific religious ruling requiring their approval in this regard. Social expectations and moral considerations may lead them to accept the marriage. There are precedents for such cases in society.

Answered by: Allama Mufti Ubaidur Rahman Khan Nadvi
Source: Jameul Fatawa, Encyclopaedia of Islamic Jurisprudence and Fatwas.

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