#557: Ruling on Fornication during Courtship
QUESTION
” Please ADM. I have a question… I know of one brother and sister they v intentions to marry each other the bro has met with the sis parent and the parent has given him go ahead with dr daughter but the proper has not been done and the two have been having intimacy. What will you advice”
ANSWER
Alhamdulillāh.
It should be known, may Allāh have mercy upon us and upon you, that having Sexual Relations with the opposite sex is not made permissible by the Parents of the Girl. Rather, it is made permissible by following what the Sharī’a determined to be the conditions of Nikāh.
By consensus, these are:
1. Sadāq
2. Consent of the Bride’s Wali (Patron)
3. Presence of the Witnesses
4. The Offer and the Acceptance
These conditions must happen officially and must be fulfilled before Sexual Relations are allowed between the partners.
Whomsoever thinks that once Parents of the Girl consent to the possibility of Marriage between them both then Sexual Relations are allowed is highly mistaken. If we were to assume that the Parents permit them to do such an act, it would still be Harām and both of them will still he subject to the Punishment reserved for fornicators in this World if there was a Sharī’a State, and in the Hereafter. We seek Allah’s refuge in that.
Our advice to the brother and sister involved in that is to Fear Allah and to try to hasten their Nikāh so as to close the gates through which Shaytān can approach them in this regard.
Bārakallāhu fīkum
Jazākumullāhu Khayran
29th Rajab 1439AH
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