Thursday, 6 October 2011

Ruling on engaged couple touching one another etc.


i searched through all the relevent sections but i could not find the answer for my i am asking it here.

i was engaged to my present wife. and during the engagement period (before Nikah) we used to meet and touch and kiss and fondle with each other.. etc . but we never committed an intercourse. and later on we married. now i came accross the ayat of sura Noor for which some scholars say that a couple who had committed Zinna with each other, then they can not marry each other.

another related question is that in some parts of pakistan people use to renew their marraige contract (Nikah) without any sharee requirement. Is it permissible to renew ones Nikah if the earlier nikah is still valid.

Praise be to Allaah. 

The marriage contract is valid and it is no need from
an Islamic point of view to renew it simply because of a doubt. But
what is mentioned in the first part of the question, about kissing the
woman during the engagement period – if this was before the marriage
contract (‘aqd or nikaah), then it is haraam. The same applies to being
stimulated manually by the woman. But if it was after the marriage contract
then there is nothing wrong with kissing. With regard to adulterers
marrying one another, there is nothing wrong with that, after waiting
out an ‘iddah period and after both parties have repented. Allaah says
(interpretation of the meaning): “Women impure are for men impure…
and women of purity are for men of purity…” [al-Noor 24:26  - Yoosuf
‘Ali’ translation of the meaning]. Repentance is essential on the
part of both, but it is not permissible to conclude the marriage contract
until after the waiting-period and making sure that the woman is not
pregnant as a result of zinaa. Once that has been established, there
is no reason why they should not marry one another.

 In your case, as you describe it in
the question, there is no need to repeat the marriage contract, but
you must both repent to Allaah for the forbidden relationship which
you engaged in before you were married. And Allaah knows best.

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