Explanation

This Hadīth shows a form of invalid marriages; that is the marriage of a fornicator who did not repent of fornication, which is proven against him. He is not allowed to marry a chaste Muslim woman. Only a woman guilty of fornication may marry him, for both are suitable to each other. This is applicable so long as one does not repent of the grave sin of fornication. Likewise, for a woman who committed fornication, a Muslim man is not allowed to marry her, so long as she does not repent. Flogging is mentioned here as a common description, because, in most cases, a person guilty of fornication undergoes the punishment of flogging. However, the ruling applies to the fornicator who has not been flogged as well. In both cases, the marriage contract is invalid. Allah, the Almighty, says: {The fornicator does not marry except a [female] fornicator or polytheist, and none marries her except a fornicator.} [Sūrat An-Nūr: 3]