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Fatwas / Islamic Politics / When does a person become chaste (through marriage)?

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Dear respected Shaykh, assalamu alaikum wa rahmatullahi wa barakatuh. For us to know if a person is chaste (through marriage) or not, do we look at the fact that he is married at the time of discussion? If he is not married at that time will it be ruled that he is not chaste even if he was previously married, or if he was previously married is it sufficient to rule that he is chaste, even if he is not married at the time of discussion like if he is divorced or his wife has died? If a person marries a woman is he considered chaste before consummating the marriage or after it? Is the conclusion of the marriage sufficient to rule that a person is chaste? متى يكون الإنسان محصناً

Answer

Praise be to Allah, and may Allah’s peace and blessings be upon the Messenger of Allah, his family and his companions. Wa alaikum assalam wa rahmatullahi wa barakatuh. As to what follows: In response to your question, we say:   Firstly: Chastity has two meanings which are linked to your question: Chastity which is mentioned in Allah’s statement: “Indeed, those who [falsely] accuse chaste, unaware and believing women” [an-Nur 24: 23]. This is chastity which is linked to false accusation of adultery (qathf). This means that a person who falsely accuses a mature, free, sane, chaste Muslim of adultery deserves the punishment that is meted out to people who falsely accuse others of adultery. Concerning considering these qualities as imperative for the application of the punishment for qathf  al-Jasas said in his Tafsir, “I do not know of a difference of opinion among the jurists about this issue”. The reality is that there is a minor difference in some of these qualities, however, the mentioned qualities were considered by the majority of the scholars in the past and in current times. Secondly: Chastity through which stoning for committing adultery is established, and that is when a free, mature, sane Muslim marries a woman in the proper Islamic manner and consummates the marriage. There is no difference of opinion among the scholars that from the conditions of chastity which establish the carrying out of the punishment of stoning for committing adultery is that a person should have had vaginal intercourse with his wife. Thus, chastity is not attained by merely contracting a marriage, being in a secluded place with a woman, and non-vaginal intercourse. And Allah knows best. Dr. Khalid al-Mosleh   06/09/1424


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