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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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What does one do if he committed unlawful sexual intercourse with a disbelieving woman in a land of disbelief, fathered a child from her, and then repented?

Machine translationRead the Arabic original
Al-Halabi : A brother from America contacted me a few days ago asking a question. He said there is a brother among the brothers residing in America who was an open sinner and a fornicator, then Allah the Exalted guided him. And among the remnants of his past sin was a daughter from fornication.

The Shaykh: Allahu Akbar.
Al-Halabi : So he wonders what he should do with her. If he leaves her, she will become a Christian and join the shelters that do such things there. And if he takes her, and he is going to return to his country, what will he say to them? If he claims her as his own, is that permissible or not? If he does not claim her, I mentioned to him some hadiths, but he said, meaning, now there is a real problem with his family. What does he do with this girl? And with the girl, if he keeps her there, she will become a disbeliever like the other disbelieving women, especially since she is the daughter of one of the disbelieving Christian or Jewish women, Allah knows best. So I told him, I will give you the answer, if Allah wills.

The Shaykh : Meaning, the girl's mother is a disbeliever?
Al-Halabi : A fornicator from among these fornicators. She went her own way.

The Shaykh : And the girl is with him, and he married a Muslim woman.
Al-Halabi : The issue of marriage, meaning, it was not mentioned in the question. The issue of his marriage or its absence was not mentioned in the question.

The Shaykh : Okay, if she stays with him, he and she will be head to head, meaning.

The questioner : Regarding the girl, meaning he wants to return with her to the land of the Muslims after repentance. So now, what will he say about this daughter? If he wants to say "my daughter," she is not attributed to him in the Shari'ah. If he wants to say to them "so and so," he wants to tell them about his story and his sin and his transgression.

The Shaykh : No, it is not necessary. He can get a passport for her. One of these disbelieving women there wanted to return to the land of Islam. It is not necessary for him to register her under his name, or for them to think she is his daughter when she is not his daughter, or for them to have a bad opinion of him.
Al-Halabi : This girl is small, how old is she, O Shaykh?

The Shaykh : The girl is very young.
Al-Halabi : The girl is months old or one year old.

The Shaykh : No, then he leaves her.
Al-Halabi : Even if she will become a disbeliever and will be a disbeliever!

The Shaykh : He is not responsible for her. It must be that the evil that is less of the two evils, which was correct for him, remains. So he has to choose, as is the jurisprudential rule, he chooses the lesser of the two evils. The lesser of the two evils is that he leaves her.
Al-Halabi : As for taking her, it is not permissible, because it will result in attribution, and that is not for him.

The Shaykh : Great harms will result from that for him. It is not sufficient.
Source www.al-albany.com

The Arabic text is copied verbatim from the original source, without any edits.

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