There is a woman who is 27 years old and has received a proposal of marriage from a man, but her family objected because of the difference in education between them only, but the woman agreed to the marriage. The man and woman tried to convince the family to agree, and the man strove hard to improve his level of education. For four years the man and the woman tried hard to in approval because of the love between them and because they had promised before Allah that they will never part. Praise be to Allah, the family finally agreed and the marriage contract was done in the presence of the father and mother and his family and witnesses, with the blessings of all concerned. But during the previous four years there were haraam meetings between the couple. Allah is witness that they do not want to remember it, and praise be to Allah that after marriage they lived a decent life and had children, and now they have a lovely family and the couple have kept away from everything that angers Allah. Allah enabled them to go for Hajj and perform ‘umrah a number of times. They were deeply in love, by Allah's grace, until one day, after ten years, they heard one of the shaykhs on the radio saying that whoever has a haraam relationship has to announce his repentance before getting married, otherwise the marriage is invalid. From that point doubts set in: does this apply to them? In other words, should the contract be annulled or not? After all this time, from the time of the marriage contract, they did not commit any sin against Allah and they have tried to make their life good. There was no one else for either of them. Because it has been such a long time they are confused about their situation. Was there any intimacy which deserved to be punished, either by a disciplinary punishment (ta’zeer) or a hadd punishment? But what is certain is that the full consummation came after marriage, i.e., they are not certain that any immoral action took place because there is no evidence to indicate that. Are they regarded as having committed zina and does what is mentioned in Soorat al-Noor apply to them? Because from various tafseers they understood the meaning of this verse as applying to people who behave in such a manner all the time.
This is the problem in brief. Should this marriage contract be annulled or not? If that was done before marriage because of lack of knowledge, are they to be blamed for not their lack of knowledge? What the woman remembers is that she menstruated after marriage and also before the marriage contract was done, but she is not certain of the timing, i.e., was it shortly beforehand or a long time before. One thing remains to be asked: if one of the two parties did any of these abhorrent things when he was 16 years old with someone who was younger for a while at the time of adolescence and then stopped doing that for several years, and does not think that he did it until he met the person he married, does that affect the current problem, or should he conceal it and not mention it?
I hope that you can advise us of the solution that will protect us from meeting Allah with our faces darkened by sin before Him, and so that we may rather meet Allah with hearts that know what Allah has forbidden and have found the right way to the Hereafter. We only want to know whether their lives now are halaal or haraam, because since they found out about this matter their lives have been affected by waswaas after they were happy.