Marriage Following Fornication and Its Legal Rulings on Divorce

27-1-2026 | IslamWeb

Question:

Assalamu alaikum,I had a haram relationship with my former husband before we repented and married. We were married for 2 months, then I was sent to my parents’ home, and he divorced me over the phone 3 months later. He paid only part of the mahr and refuses to pay the rest. During our marriage he was not really providing for me and he mistreated me.Was our marriage valid? Is the divorce valid? What is the ruling on the early and delayed mahr? Is this a punishment from Allah?

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Answer:

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad, ﷺ, is His slave and Messenger.

It is better to speak directly with one of the scholars or to consult an Islamic center so that both sides can be heard and any matters that need clarification can be properly explained. What we can mention here in general terms and for benefit is the following:

First: The jurists differed regarding the ruling on a fornicator marrying the woman with whom he committed fornication before repentance. The majority of jurists hold that the marriage is valid, while some jurists are of the opinion that it is not valid.

Second: Divorce issued over the phone takes effect if the husband acknowledges it or if two upright witnesses testify to it.

Third: If divorce occurs after consummation of the marriage, the woman is entitled to the full dowry, both the portion that was paid immediately and the deferred portion, and she is also entitled to be paid during the waiting period.

Fourth: Not every hardship that befalls a Muslim is necessarily a punishment for a sin; rather, it may simply be a test through which ranks are raised by patience and sins and misdeeds are atoned. If a person repents sincerely from a sin, then they will not be punished for it, neither in this world nor in the Hereafter, as Shaykh al-Islam Ibn Taymiyyah pointed out.

Allah knows best.