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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on one who married the woman he committed fornication with to cover it up, then doubted her condition and divorced her

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Question:
A man married a woman who had committed fornication with him before the marriage, and it was not by his desire, but he was forced; this was due to Satan intervening between them, and out of fear of scandal and disgrace, he married her. She bore him children, but the sin remained in his heart, and he disliked people finding out about it. His constant doubts about her are what make him see the past constantly before his eyes and make him doubt her, as if what she gave him before the marriage would be given to someone else after he married her. So he divorced her, and he actually felt psychological relief after that. Is there any sin on him for that? What is the status of his children in such a case? Is there anything regarding this from a religious perspective? Does she have the right to raise her children or take them back, given that she was the one who tried to seduce him in the beginning before the marriage and lured him into committing fornication, and perhaps her upbringing of them would not be Islamic? Knowing that his marriage to her in the first place—as mentioned above—was out of fear of the punishment of Allah , and knowing that she was a previously married woman when he married her. May Allah reward you with the best reward.

Answer:
If the marriage to her was due to repentance, then there is no harm in that, if she displayed repentance and remorse, and he did so as well; then there is no harm in marrying her to cover up and conceal what happened, and whoever covers up a Muslim, Allah will cover him in this world and the Hereafter.
As for if he married her merely for the sake of covering up, or because of the pressure of his father or mother or others, and she remained in her state without displaying repentance; then this marriage is not permissible, and it is not valid, and he must repent from that. You must repent from that. And you did well in divorcing her if her outward appearance was one of not being upright. Your children are your responsibility due to the doubt regarding the marriage. Your children are your responsibility due to the doubt regarding the marriage, even if it was a defective marriage, if she did not repent from her ugly act. And you did well, as mentioned, in the divorce if her condition was bad.
As for if she had repented and displayed remorse, and you did so as well, and you did that to cover up and ward off evil; then you are on the right path, if Allah wills, and there is no blame on you.
But as long as she did not display repentance, and you feared that she would do with others what she did with you, and for this reason you divorced her; then you did well in that. The children are your children. As for whether they remain with her or are transferred to you, that is for the courts, it is not for us. But if you reach an agreement between yourselves—with her father and her relatives—that they will be with you out of concern for your children; then there is no harm in that. And if she has become upright and her condition has improved, then there is no harm in the children remaining with her, if her condition has improved. But you divorced her because of doubt and because of obsessive thoughts, so there is no harm in the children remaining with her, since her condition has improved.
As for if you have a bad opinion of her, and you do not see that her condition has improved; then you do what you can of the lawful ways with the court to transfer your children to you, or through the righteous, who reconcile between you; until she and her people allow you to have your children. If that does not become easy, then the court, without revealing the matter of the fornication, but you request your children and say that you fear for them.
Source binbaz.org.sa

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

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