Zina with her, she became pregnant from him, then he contracted the marriage and married her
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Fatwa number ( 5554 )
Q: I have a friend whom I know who fell in love with one of the Muslim girls until he committed zina with her, and she became pregnant without him having contracted a marriage with her according to the Shari'ah. After that, he contracted the marriage and married her. Is the fetus in that girl's womb considered a child of zina or not? And since such a case does not result in the application of the hadd punishment in our place, what is the punishment that this young man deserved according to the rulings of Islamic Shari'ah? And if the hadd is not applied to him in this world, is the hadd dropped from him, or will it be carried out against him in the Hereafter? And what do you say to people like these by way of advice and guidance so that they may be deterred and return to their right mind?
A: First: If the reality is as mentioned, that she became pregnant before he married her
as described, then the child is a child of zina, and he is not attributed to the one who committed zina with her in terms of lineage, but rather he is attributed to his mother, and the marriage is invalid. They must renew it in the Shari'ah manner if each of them desires the other. Second: The aforementioned individuals must repent to Allah and seek His forgiveness, and sincere repentance wipes out what came before it. Allah the Exalted said:[Al-Furqan 25:68-70] And you must cover them up and not disclose what happened between them, based on the saying of Allah, the Sublime: [An-Nur 24:19] and the saying of the Prophet (peace and blessings be upon him): Sunan Ibn Majah 2544Sahih (Darussalam)
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I have a friend whom I know who fell in love with one of the Muslim girls until he committed zina with her, and she became pregnant without him having contracted a marriage with her according to the Shari'ah. After that, he contracted the marriage and married her. Is the fetus in that girl's womb considered a child of zina or not? And since such a case does not result in the application of the hadd punishment in our place, what is the punishment that this young man deserved according to the rulings of Islamic Shari'ah? And if the hadd is not applied to him in this world, is the hadd dropped from him, or will it be carried out against him in the Hereafter? And what do you say to people like these by way of advice and guidance so that they may be deterred and return to their right mind?
A: First: If the reality is as mentioned, that she became pregnant before he married her
as described, then the child is a child of zina, and he is not attributed to the one who committed zina with her in terms of lineage, but rather he is attributed to his mother, and the marriage is invalid. They must renew it in the Shari'ah manner if each of them desires the other. Second: The aforementioned individuals must repent to Allah and seek His forgiveness, and sincere repentance wipes out what came before it. Allah the Exalted said:
(68) And those who do not invoke with Allah another deity or kill the soul which Allah has forbidden [to be killed], except by right, and do not commit unlawful sexual intercourse. And whoever should do that will meet a penalty. (69) Multiplied for him is the punishment on the Day of Resurrection, and he will abide therein humiliated - (70) Except for those who repent, believe and do righteous work. For them Allah will replace their evil deeds with good. And ever is Allah Forgiving and Merciful.
وَالَّذِينَ لاَ يَدْعُونَ مَعَ اللَّهِ إِلَهًا آخَرَ وَلاَ يَقْتُلُونَ النَّفْسَ الَّتِي حَرَّمَ اللَّهُ إِلا بِالْحَقِّ وَلاَ يَزْنُونَ وَمَنْ يَفْعَلْ ذَلِكَ يَلْقَ أَثَامًا (68) يُضَاعَفْ لَهُ الْعَذَابُ يَوْمَ الْقِيَامَةِ وَيَخْلُدْ فِيهِ مُهَانًا (69) إِلا مَنْ تَابَ وَآمَنَ وَعَمِلَ عَمَلا صَالِحًا فَأُولَئِكَ يُبَدِّلُ اللَّهُ سَيِّئَاتِهِمْ حَسَنَاتٍ وَكَانَ اللَّهُ غَفُورًا رَحِيمًاIndeed, those who like that immorality should be spread [or publicized] among those who have believed will have a painful punishment in this world and the Hereafter. And Allah knows and you do not know.
إِنَّ الَّذِينَ يُحِبُّونَ أَنْ تَشِيعَ الْفَاحِشَةُ فِي الَّذِينَ آمَنُوا لَهُمْ عَذَابٌ أَلِيمٌ فِي الدُّنْيَا وَالْآخِرَةِ وَاللَّهُ يَعْلَمُ وَأَنْتُمْ لاَ تَعْلَمُونَWhoever covers (the sin of) a Muslim, Allah will cover him (his sin) in this world and in the Hereafter.
من ستر مسلما ستره الله في الدنيا والآخرةAnd success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.