Is it better to get 100 lashes for zina with possibility of death or repent?

Question

Bismillah-e-Rahman-e-Raheem. Assalamu Alaikum ya Sheikh, I would like to get your humble opinion. Zina is a very hatted act to Allah. However if one commits this sin, he must receive 100 lashes with strong possibility of dieying from it. Sheikh, I tried to stay away from it for over 20 years. Unfortunately I got involved. From spending time witht the girl, she got to know about islam. Alhamdulillah she accepted Islam. My question to you is: What is my punishment and obligations. Allah swt's laws must be reinforced. Which one is better? To get 100 lashes with possibility of death? or Repent?. Secondly, I read in surah Noor, something like, A zani can mary none but zani, same with mushrik can marry none but mushrik. Ya shaikh, please make this clear to me. Is it true that I can never marry a pure, virgin muslim girl? Even if I repent? What if I get 100 lashes and survive, I still cant? Finally, I cant marry the girl due to family conplications. Can I marry her, and be with her for as long as I can, before we break up due to families? where she can learn about deen as a husband and wife, rather than she going out to disbelieving world? Can I marry her without telling our parents is it possible? If yes, Is it allowed to break up if family complications arouse? If a non-muslim in her hearth is convinced, but has not said shahada yet publically, is she a muslim? Does her good and bad deads count yet? Jazakamullaho khairan, salam

Mufti Bilaal Cassim · Accepted Answer

1) It is indeed better to make T aubah (repent) in all circumstances and such is valid and accepted even without suffering the penalty. It is in fact better to repent without exposing one's sin. This is apparent from the way Nabi (Sallallaahu Alayhi Wasallam) treated Maa'iz Aslami (Radhiallaahu Anhu) when he confessed to the crime of Zina. He repeatedly repulsed him saying "Woe to you! Go away! Repent to Allah and ask his forgiveness." It was only upon insistence of Maa'iz (Radhiallaahu Anhu) that the penalty was meted out to him. (Mishkaat Pg309 Qadimi)
2) The word 'Yankihu' in the Aayah (Nur:3-4) actually means 'Jimaa' (copulation) and does not refer to marriage according to Ibn Abbaas (Radhiallaahu Anhu) i.e. None but a Zaaniyah (female adulteress) or polytheist (or anyone who does not believe Zina to be forbidden) accedes to the wishes of a Zaani and vice versa. Others , such as Imam Ahmed Ibn Hambal (R.A) have taken the word to mean Nikaah (marriage) and have thus prohibited such between a chaste man or woman and an adulterer. They have, however, permitted it if a sincere Taubah (repentance) has been made. (Tafseer Ibn Katheer Vol 3 Pg 352 Darus Salam)
3) It is incorrect to marry with the intention of separating later on, even though such Nikaah maybe valid, neither is it fair to the spouse. If you decide to go ahead with the marriage, you must commit yourself to it even if things become difficult. You should perform Istikhaara before making such a decision. Try to obtain your parents permission since proceeding without it will cause problems between either youself, or your future spouse and your parents which is something to be avoided at all costs. Explain to them and failing to do so, have some elder eg. the Imaam, a local Aalim or a senior member of the family speak to them on your behalf. May Allah ease your situation and fulfill your wishes. Aameen.
4) Public declaration is not a condition for Imaan. However, if there exist no impediments, one should hasten to make known his acceptance of Islam in order to facilitate for application of the worldly duties and benefits of Imaan.

and Allah Ta'ala Knows Best

Mufti Bilaal Cassim
FATWA DEPT.

CHECKED AND APPROVED CORRECT: Mufti Ebrahim Desai

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