The Ruling on the Pregnancy of a Raped Woman
Machine translationRead the Arabic original
The questioner : If a woman is raped and becomes pregnant from the rape, what should she do with the pregnancy?
The Shaykh : First, is she a virgin or not?
The questioner : I don't have the questioner here right now; actually, I forgot to ask him.
The Shaykh: All right.
The questioner : In both cases, if there is a difference?
The Shaykh : Because here there are two cases if she is a virgin.
The questioner: Yes.
The Shaykh : So it is certain that the child is the product of fornication.
The questioner: Yes.
The Shaykh : But if she is married, there is no certainty here that the child is the product of fornication.
The questioner : Yes, what Allah willed!
The Shaykh : So here applies his saying (peace and blessings be upon him):Sunan Ibn Majah 2006Sahih (Darussalam).
The questioner : Yes, this distinction is good. So...
The Shaykh : In the case where the woman is a virgin, the child is the product of fornication.
The questioner: Yes.
The Shaykh : So it is assumed that the state takes care of him and looks after him, and he is not attributed to her, nor is he attributed to her.
The questioner : Yes, our brother Hussein, Shaykh, I was brief in my question. We need something before this. In the case of pregnancy, she found out after being raped that she was pregnant, one or two months. Does she keep this pregnancy, or does she try by one means or another to abort it?
The Shaykh : By Allah, before the soul is breathed into it, there is a possibility.
The questioner : Before the soul is breathed into it, there is a possibility. Yes, and after the soul is breathed into it, it is forbidden for her. Yes, good. Shaykh, let us return now to the scenario which is the hadith:, how is this issue handled now?
The Shaykh : Has the answer to this question been given before?
The questioner : In a different session?
The Shaykh : Yes.
The questioner : Now.
The Shaykh : We said the child belongs to the bed.
The questioner: Yes.
The Shaykh : But if she is a virgin, the state takes over, we said.
The questioner: Yes.
The Shaykh : And he is not attributed to the mother.
The questioner : Perhaps, Shaykh, the interpretation or fiqh of this hadith: regarding this issue has escaped me.
The Shaykh : It means he is attributed to the lawful husband.
The questioner : To the owner of the bed.
The Shaykh : Yes.
The questioner : Yes. But if we have, Shaykh, clear indicators of the meaning, I return, may Allah honor you, to the question. If we have clear indicators that this child is from that rapist, I don't know, I am confused now.
The Shaykh : Stoning.
The questioner : It seems the scholars interpreted it otherwise because there is a problem, glory be to Allah, in the mind.
Another questioner : That he has no right to it.
The questioner : Yes, that he has no right to it.
Another questioner : That is what he said, perhaps I am not recalling... a specific one.
The questioner : No, that is not it. The correct fiqh is that he has the stoning.
The Shaykh : If he is married and has previously been married.
Yes.
The questioner : Yes, yes.
The Shaykh : Otherwise, the flogging. We proceed from here or from there.
The student : Right away, Shaykh.
The Shaykh : First, is she a virgin or not?
The questioner : I don't have the questioner here right now; actually, I forgot to ask him.
The Shaykh: All right.
The questioner : In both cases, if there is a difference?
The Shaykh : Because here there are two cases if she is a virgin.
The questioner: Yes.
The Shaykh : So it is certain that the child is the product of fornication.
The questioner: Yes.
The Shaykh : But if she is married, there is no certainty here that the child is the product of fornication.
The questioner : Yes, what Allah willed!
The Shaykh : So here applies his saying (peace and blessings be upon him):
The child is for the bed (i.e., belongs to the husband) and the fornicator gets nothing!
الولد للفراش ، وللعاهر الحجرThe questioner : Yes, this distinction is good. So...
The Shaykh : In the case where the woman is a virgin, the child is the product of fornication.
The questioner: Yes.
The Shaykh : So it is assumed that the state takes care of him and looks after him, and he is not attributed to her, nor is he attributed to her.
The questioner : Yes, our brother Hussein, Shaykh, I was brief in my question. We need something before this. In the case of pregnancy, she found out after being raped that she was pregnant, one or two months. Does she keep this pregnancy, or does she try by one means or another to abort it?
The Shaykh : By Allah, before the soul is breathed into it, there is a possibility.
The questioner : Before the soul is breathed into it, there is a possibility. Yes, and after the soul is breathed into it, it is forbidden for her. Yes, good. Shaykh, let us return now to the scenario which is the hadith:
The child belongs to the bed
الولد للفراشThe Shaykh : Has the answer to this question been given before?
The questioner : In a different session?
The Shaykh : Yes.
The questioner : Now.
The Shaykh : We said the child belongs to the bed.
The questioner: Yes.
The Shaykh : But if she is a virgin, the state takes over, we said.
The questioner: Yes.
The Shaykh : And he is not attributed to the mother.
The questioner : Perhaps, Shaykh, the interpretation or fiqh of this hadith:
The child belongs to the bed
الولد للفراشThe Shaykh : It means he is attributed to the lawful husband.
The questioner : To the owner of the bed.
The Shaykh : Yes.
The questioner : Yes. But if we have, Shaykh, clear indicators of the meaning, I return, may Allah honor you, to the question. If we have clear indicators that this child is from that rapist, I don't know, I am confused now.
The Shaykh : Stoning.
The questioner : It seems the scholars interpreted it otherwise because there is a problem, glory be to Allah, in the mind.
Another questioner : That he has no right to it.
The questioner : Yes, that he has no right to it.
Another questioner : That is what he said, perhaps I am not recalling... a specific one.
The questioner : No, that is not it. The correct fiqh is that he has the stoning.
The Shaykh : If he is married and has previously been married.
Yes.
The questioner : Yes, yes.
The Shaykh : Otherwise, the flogging. We proceed from here or from there.
The student : Right away, Shaykh.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.