Answer: Before I answer your question,
let me point out that since Islam wants to build a society on the institution of
family, it greatly protects this institution from everything that has the
potential to disrupt it. Therefore, it prohibits fornication and adultery and
regards them as punishable offences. It subscribes certain punishments for a man
or a woman guilty of fornication or adultery. Part of this punishment is that
such people cannot but marry either among themselves or among those who
subscribe to idolatry. The wording of the verse clearly forbids marriage with
chaste Muslims.
However, what needs to be clearly
understood is that this punishment pertains only to fornicators and adulterers
(both male and female) who have become liable to punishment once their crime has
been proven by court evidence. This punishment is not to be given to people who
have committed this crime but whose matter has not been bought before the court.
As a matter of principle also, it needs to be appreciated that only the State is
authorized to punish a person if it finds that he or she is guilty of a crime.
So if a married man who is proven guilty
of adultery wants to marry again, he can then only marry an adulteress or a
fornicator or a polytheist; similarly, the single lady who is proven to have
committed adultery or fornication cannot marry a chaste believer. She can only
marry an adulterer or a polytheist.
It also needs
to be appreciated that the temperament of Islam is that in sins that do not
relate to the violation of a party’s rights, the Almighty does not like that a
criminal confess to his crime himself or that those who are aware of his crime
report this matter to the authorities. If a person is of lewd and loose
character, his misdoings may need to be reported, but if he has a morally sound
reputation, Islam wants that even if he has faltered, his crime should be
concealed and he should not be disgraced in the society.
The Prophet (sws) is reported to have
said:
He among you who gets involved in
such filth should hide behind the veil stretched out for him by Allah; but if he
unfolds the veil, we shall implement the law of Allah upon him. (Mu’attā,
Kitābu’l-Hudūd)
Similarly, he once told a person:
If you had hidden the crime of this
[person], it would have been better for you. (Mu’attā, Kitābu’l-Hudūd)
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