Is gay marriage prohibited?

Sources

• ✓ 24:3 · An-Noor

  24:3 · Muhammad Marmaduke Pickthall

  ٱلزَّانِى لَا يَنكِحُ إِلَّا زَانِيَةً أَوْ مُشْرِكَةًۭ وَٱلزَّانِيَةُ لَا يَنكِحُهَآ إِلَّا زَانٍ أَوْ مُشْرِكٌۭ ۚ وَحُرِّمَ ذَٰلِكَ عَلَى ٱلْمُؤْمِنِينَ

  The adulterer shall not marry save an adulteress or an idolatress, and the adulteress none shall marry save an adulterer or an idolater. All that is forbidden unto believers.

• ✓ Tafsir Ibn Kathir on 24:3

  Sunni

  Tafsir Ibn Kathir · 24:3

  This verse informs us from Allah Almighty that a fornicator does not have sexual relations except with a fornicator or an idolater—meaning, he is not willingly joined in unlawful sexual intercourse except with a disobedient adulteress or an idolater who does not recognize the prohibition of this act. Similarly, it says, "Nor does a fornicator marry except a fornicator or an idolater," indicating a disobedient sinner who is involved in fornication or disbelief. Sufyan al-Thawri reported from Habib ibn Abi Amrah, who narrated from Sa'id ibn Jubayr, from Ibn Abbas (may Allah be pleased with them) that the phrase "the fornicator does not marry except a fornicator or an idolater" refers not to lawful marriage but to intercourse itself—such illicit relations are only with a fornicator or an idolater. This chain of narration is sound, and many other notable early scholars, including Mujahid, Ikrima, Sa’id ibn Jubayr, Urwah ibn Zubayr, al-Dahhak, Mak'hul, and Muqatil ibn Hayyan, have reported similar interpretations. The phrase "And it is forbidden to the believers" explains that such acts—intercourse and marriage to such women, or a chaste woman marrying a wicked man—are prohibited for the faithful. Abu Dawud al-Tayalisi related from Sa’id ibn Jubayr, transmitting from Ibn Abbas, that Allah has forbidden zina (fornication or adultery) for the believers. Qatadah and Muqatil ibn Hayyan both stated that Allah forbade marriage to immoral women for the believers. This verse aligns with other Qur’anic verses such as “chaste women, not [given] to fornication and not taking secret lovers” and “chaste men, not fornicator nor taking secret lovers.” From this, Imam Ahmad ibn Hanbal derived the ruling that a contract of marriage by a chaste man to a prostitute is not valid unless she repents; if she repents, the marriage becomes valid; otherwise, it is invalid. Likewise, the marriage of a free, chaste woman to a corrupt, licentious man is invalid until he sincerely repents, based on the phrase, "And it is forbidden to the believers.” Imam Ahmad also narrated a report from Arim, from Mu'tamir ibn Sulayman, from his father, from the Hadrami, from al-Qasim ibn Muhammad, from Abdullah ibn Amr (may Allah be pleased with them), that a Muslim once asked the Messenger of Allah ﷺ about marrying a woman known as "Umm Mahzool," a woman openly involved in immoral acts and who stipulated that the man financially support her. The Prophet ﷺ recited this very verse to him and said, "The fornicator does not marry except a fornicator or an idolater... and it is forbidden to the believers," instructing him not to marry her. This narration is recorded by Al-Nasa'i and Abu Dawud in their books on marriage and hadith. Ibn Abbas also conveyed that the Prophet ﷺ said, “A fornicator who has been publicly punished (lashed) does not marry except someone like him.” Abu Dawud narrated this from Musaddad and Abu Ma'mar. Imam Ahmad narrated that Abdullah ibn Yasar reported himself hearing the Prophet ﷺ say: “Three will not enter Paradise nor will Allah look at them on the Day of Judgment: the disrespectful to his parents, the woman who imitates men, and the one who is unrestrained or lacks modesty. And three others whom Allah will not look at on the Day of Judgment: the disrespectful to his parents, the habitual drinker of alcohol, and the one who is a miser with what he has been given.” This is also found in hadith collections of Al-Nasa'i and others. Abu Dawud al-Tayalisi relates the Prophet said: “An unrestrained (dayyuth) person will not enter Paradise,” referring to someone without protective jealousy over his family. Ibn Majah recorded a narration from Anas ibn Malik reporting the Prophet ﷺ said, "Whoever wishes to meet Allah pure and purified, let him marry chaste women." Though the chain is weak, it reflects a related principle. There is a discussion about a report related to a man whose wife would not refuse a touching hand, which some have interpreted as being generous to beggars or unrestrained; the scholars differed on the meaning, concluding that if a woman habitually commits immoral acts, then her marriage contract is invalid without repentance, consistent with the verse's instruction. It is agreed that if the sinner genuinely repents, marriage becomes permissible. Some early scholars argued that this verse is abrogated, citing a later verse commanding to marry the single amongst you, believed to mean Muslims, thereby permitting marriage to chaste individuals without regard to prior conduct. This was narrated from Said ibn al-Musayyib and reported by Imam Abu Ubaid al-Qasim ibn Sallam and Imam al-Shafi'i. In summary, Ibn Kathir conveys that this Qur'anic ruling restricts marriage for those actively engaged in adultery or disbelief, emphasizing the prohibition upon the believers, with the possibility of validity upon sincere repentance. He supports this understanding with various scholarly reports, hadith, and consensus, while acknowledging some minority opinions regarding the verse's abrogation.

• ✓ Majma al-Bayan fi Tafsir al-Qur'an on 24:3

  Shia

  Majma al-Bayan fi Tafsir al-Qur'an · 24:3

  The fornicator shall not be married except to a fornicatress or a polytheist, and the fornicatress shall not be married except to a fornicator or a polytheist; and that is forbidden for the believers. Recitation: Ibn Kathir and Abu Amr read (وفرضناها) with a shadda (emphasis on the letter). Others read it without the shadda. Ibn Kathir, distinct from Ibn Fulaidh, read (رأفة) with the hamza pronounced with a fatḥa (an open vowel), while others read it with a sukun (no vowel). There is also a rare reading by 'Isa al-Thaqafi where (سورة) is read in the accusative case, and likewise (الزانية والزاني) in the accusative. Narrations from 'Umar ibn Abd al-'Aziz and 'Isa al-Hamdani also report (سورة) in the accusative. Grammatical Argumentation: Abu Ali stated that the stress (taṯqīl) in (فرضناها) is due to the abundance of obligation implied therein. The light pronunciation (taḫfīf) is suitable for both few and many. One proof for the light pronunciation is the phrase (إن الذي فرض عليك القرآن لرادك), indicating probable use of (رأفة) in the language as Ibn Kathir read. Regarding the reading of (سورة) in the nominative as a predicate of a deleted subject (i.e., "this is a surat"), it is unacceptable to treat it as a subject alone since it is indefinite; Arabic does not usually begin a sentence with an indefinite noun without specification. If understood as (أنزلناها وفرضناها) describing the surat, the subject remains without a predicate. Alternatively, one may construe (يتلى عليكم سورة أنزلناها) as acceptable. The accusative reading of (سورة) implies a concealed verb like 'we sent down it.' The verb is hidden because the explication suffices; similarly in poetry when a verb is suppressed but clarified, as in verses mentioning (وأخشى الذئب), where the verb 'I fear' is implied. Moreover, it is permissible for a verb to govern (سورة) without being explicitly stated, conveying a sense like 'read a surat' or 'consider a surat we sent down,' analogous to God's words: (ناقة الله وسقياها) meaning 'guard the she-camel of God.' Likewise, (الزانية والزاني) is suspended on an omitted verb meaning 'flog the fornicatress and the fornicator.' When a concealed verb is understood, it can be explained as 'flog each one of them.' The particle 'fa-' can be introduced here as it marks the imperative. It is not permissible to say 'Zayd was struck' because that is a nominal predicate; however, in commands, the particle 'fa-' is allowed in present subjunctives with conditions. For example, 'Visit me, and I will honor you' means 'if you visit me, I will honor you.' Thus, this usage is evident. Lexical Notes: The term (السورة) derives from (سور), meaning the elevated wall of a building. Another explanation is that it is a segment of markets' avenues. Under the first opinion, its name refers to its elevation in the souls; under the second, because it is a segment of the Qur'an. It is also viewed as 'the revealed honorable and majestic passage.' An example from the poet al-Nabigha says: "Have you not seen that God gave you a surat, seeing every king beneath it waver, since you are the sun, and kings are stars; when you rise, no star among them appears." Some say its root is the hamza; others say it is derived from (أسأرت), meaning the residue left when a vessel is closed, from which the hadith 'When you drink, close the vessel' stems, though scholars agree on the term's light pronunciation, much like latter medieval Arabic phonetics suggest. Regarding (الفرض), its root is from the act of stringing a bow, the part with one string; later broadened to signify obligatory acts. There is a linguistic distinction between فرض (an obligatory command by a divine legislator) and واجب (a duty which can be obligatory without a legislator's appointment, e.g., thanking a benefactor). Hence, the verb 'فرض' can imply obligation even without a legislator explicitly appointing it. Zina (adultery/fornication) is defined as the penetration of a woman's private parts without a legitimate marriage contract or even a suspicion thereof, with knowledge or strong presumption. Not every forbidden penetration is classified as zina; for example, intercourse during menstruation or postpartum bleeding is forbidden but not zina. The term 'جلد' denotes the act of beating with a whip or stick, akin to saying 'his skin' or 'his back' and is a linguistic analogy. The notion of 'الرأفة' connotes compassion and tenderness, with three linguistic variations: with a sukun on the hamza, with a fatḥa, or with a prolonged hamza. Al-Akhfash says 'رأفة' means mercy in pain. Meaning: "Surat we have revealed" means this is a discrete chapter of the Qur'an with a beginning and an end, revealed by Gabriel upon our command. "And We have made it obligatory" signifies We have required you and those after you until the Day of Resurrection to act in accordance with it. Some interpret this as requiring the allowance of the lawful and the prohibition of the unlawful, according to Mujahid, clarifying the meaning of obligation. Others propose it refers to the stipulation of legal punishments ('hudud'), as stated by Ikrimah, evident from "half of what you have ordained." Abu Amr explains the reading with shadda as meaning: We have expounded it and set different cuts (obligations). "And We have revealed in it clear verses" signifies clear evidences of our Oneness and completeness of power. Some say it refers to the prescribed penalties and regulations laid down therein. "That you might remember" implies: that you might recall and learn from what is within it. Then God mentions specific rulings, starting with zina: (الزانية والزاني) meaning the woman who commits zina and the man who commits it, indicating generality of the species. "Flog each one of them a hundred lashes" applies when both are free adult virgins not married ('non-muhsan'). If either is 'muhsan' (married or chaste adult), the punishment is stoning without dispute. 'Iḥṣān' means having a genital partner whom one visits regularly or being free. Slaves are not considered muhsen; they receive half the penalty — fifty lashes — according to "if they commit an indecency, they receive half the punishment of those with protection." It is said the mention of 'الزانية' before 'الزاني' is because zina among women is more severe socially and physically (pregnancy risks greater) and more prevalent among them. "Flog" is addressed to the imams or those empowered to enact the law because only rulers or their agents can carry out hudud penalties without dispute. "And do not let compassion for them prevent you from enforcing the religion of God if you believe in God and the Last Day" means: if you sincerely believe in God and the resurrection, do not soften or withhold the punishment out of mercy, leading to a suspension of God's law — this is according to 'Ata and Mujahid. Others interpret this to mean do not reduce the severity of flogging as is done for certain cases like the drinking limit, according to al-Hasan, Qatadah, Sa'id ibn al-Musayyab, an-Nakha'i, and az-Zuhri. "In the religion of God" means in obedience to God or His legal judgment, as Ibn 'Abbas states, likened to: "He could not seize his brother in the authority of the king," meaning under his jurisdiction. "And a group of believers should witness their punishment" refers to a number, traditionally not less than three (Qatadah and az-Zuhri), some say two or more (Ikrimah), some say as low as one (Ibn 'Abbas, al-Hasan, Mujahid, Ibrahim), which is narrated from Abu Ja'far (Imam al-Baqir). The evidence is from a subsequent verse: "If two parties among the believers fight," meaning the ruling applies to one or many. Some say at least four, since four witnesses are required to prove zina (Ibn Zayd). Others hold no fixed number but leave it to the imam's discretion. The intent is to have enough witnesses to prevent violation of the punishment. "The fornicating man shall not marry except a fornicatress or a polytheist, and the fornicatress shall not be married except to a fornicator or a polytheist." This verse has been interpreted in several ways: 1. 'Nikah' means a marriage contract. Its occasion was a man from the Muslims seeking the Prophet's permission to marry Umm Mihzul, a woman known openly for fornication with a flag on her door. This interpretation is from Ibn 'Abbas, Ibn 'Umar, Mujahid, Qatadah, and az-Zuhri. Here, the verse is a prohibition, though it appears as a statement. Abu Ja'far (Imam Muhammad al-Baqir) and Abu Abdullah (Imam Ja'far al-Sadiq) said these were men and women known for fornication at the Prophet’s time, and God forbade these people from marriage until proven repentance. 2. 'Nikah' here means sexual intercourse. The meaning being that since they share the characteristic of fornication, she is like him; this is from al-Dahhak, Ibn Zayd, Sa'id ibn Jubayr, and in one report from Ibn 'Abbas. Thus, it parallels the verse "Lepers marry lepers," implying generalization. 3. This ruling applied originally to all fornicators but was abrogated by the later verse "And marry those among you who are single." 4. 'Nikah' refers to the marriage contract, and the ruling is fixed to those who commit zina with a woman; they may not marry her. The association between 'fornicator' and 'polytheist' is for emphasizing zina's severity. It cannot be a mere statement because we see fornicator men marry non-fornicatress women. Or the verb is a prohibition or a judgment whether 'nikah' means contract or intercourse. The essence of 'nikah' in language is penetration. "Forbidden for the believers" means that marriage with fornicatresses is forbidden, or that zina is forbidden among believers, meaning no marriage unless both parties are similarly disfavored. "Those who accuse chaste women but do not produce four witnesses," they shall be punished with eighty lashes, and their testimony shall never be accepted; these are the disobedient unless they repent and reform, for Allah is forgiving and merciful. Recitation: In there are rare readings by Abdullah ibn Muslim ibn Yasar and Abu Zur'ah as (بأربعة) with tanween. Grammatical Argumentation: Reading (بأربعة شهداء) without tanween adds the number to 'witnesses', even if witnesses are descriptive. This is permitted since 'witness' can be treated like a noun, e.g., "the martyr's burial is prayed for by angels." The addition of number to it is like adding a number to a clear noun. With tanween, 'شهود' becomes an adjective for 'four' in a genitive case. It can also be accusative, potentially meaning they did not present four witnesses during their testimony, in a state of indefiniteness as per az-Zajjaj. Parsing: "Those who accuse" is nominative as the subject. If one reads "الزانية والزاني" in the accusative, then "those who accuse" is in the accusative on the meaning of "Flog those who accuse the chaste women." "Al-muḥṣanāt" here refers to women who preserve their chastity (who are married or chaste). "Those who repent" is accusative in exception to "do not accept their testimony ever." The phrase "those are the transgressors" is an adjective describing them. Alternatively, it could be genitive as a substitute for "those" in "their." Those who say testimony of the slanderer is invalid take it as accusative in exception. Meaning: After describing the punishment for zina, God mentions the punishment for those who accuse chaste women of fornication without proof: "those who accuse chaste women but do not bring four witnesses" are punished with eighty lashes, and their testimony is never accepted; they are declared rebellious. He excepts those who repent and mend their ways afterward, for God is forgiving and merciful. Differences exist as to whether this exception applies only to their transgression, removing their label as transgressors upon repentance and still not accepting their testimony if repentance is after punishment, according to al-Hasan, Qatadah, Shurayḥ, Ibrahim, and the Hanafis; or whether the exception applies both to forgiveness and to testify acceptance if repentance occurs before punishment, according to Ibn 'Abbas in the report of al-Walibi, Mujahid, az-Zuhri, Masruq, 'Ata, Tawus, Sa'id ibn Jubayr, and ash-Shafi'i, as well as Abu Ja'far and Abu Abdullah (Imams). Al-Shafi'i reported that Sufyan ibn 'Uyaynah recounted that the people of Iraq thought the testimony of the accuser invalid, but Sai'd ibn al-Musayyab related that 'Umar ibn al-Khattab said to Abu Bakrah, when he testified against al-Mughira ibn Shu'bah: "Repent and your testimony will be accepted," but Abu Bakrah refused to falsify himself. Az-Zajjaj noted that a person who accuses adultery but then repents should have his testimony accepted after repentance, akin to how a Muslim's testimony is accepted after making Islam, indicating the severity of lying about fornication is less than outright disbelief. Regarding the method of punishment, al-Hasan said the accuser should be flogged clothed; the man standing and the woman sitting; this is narrated from Abu Ja'far. One condition of the accuser’s repentance is that he must deny the accusation; otherwise, acceptance of his testimony is invalid. This view is held by ash-Shafi'i. Malik said no such denial is needed. This ruling was revealed in the chapter on women but applies equivalently to men. If the accuser is a slave or slave woman, then the punishment is forty lashes according to most jurists. The narrations of our school report that the punishment is eighty lashes regardless of status; this is supported by 'Umar ibn Abd al-'Aziz and al-Qasim ibn al-Rahman, and the apparent meaning of the verse. "And those who accuse their wives but have no witnesses other than themselves, let each of them testify four times by God that he is truthful, and the fifth time that the curse of God be upon him if he is lying, and to avert the punishment, let her testify four times by God that he is lying, and the fifth time that God's anger be upon her if she is truthful."