The ruling on attributing the child of zina to the fornicator after he marries the fornicatress
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Question:
Another question is that a man committed zina with a woman, and she became pregnant with him. What is the ruling regarding the child, if it is a boy or a girl, and then he marries her afterwards? Is the child called by his father’s name, and does he inherit from him? Please inform us, may Allah reward you.
Answer:
We ask Allah for well-being. If he committed zina with her, the child is not his, but hers. It is attributed to her, and it is said: the son of so-and-so, the child of so-and-so. It is attributed to Abdullah or Abd al-Rahman, and it is not attributed to the fornicator, because he is not a husband; he is merely a borrowed donkey, a vile one who committed an abomination. So it is not attributed to him, but to the woman, or she attributes it to Abdullah, because all people are the slaves of Allah. It is never called by the name of this fornicator. And his marriage is invalid if he marries her while she is pregnant; his marriage is invalid.
Question : Is the pregnancy from him?
Answer: It is not attributed to him, because the pregnancy is invalid, not attributed to him, but it is attributed to the woman. It is defective semen, not attributed to him, but to the woman. So when she gives birth, and he marries her afterwards after their repentance, they should repent to Allah (Glorified and Exalted is He), and there is no harm.
Question: .......؟
Answer: A guardian is necessary if she has no guardian. So the Sultan, meaning the one in authority in her land, the governor of her land, or the judge of her land if found, if she has no guardian; the judge of the land, or the governor of the land, marries her.
Question: ........؟
Answer: If she has no guardian, no father, no brother, no paternal uncle, no son of a paternal uncle.
Another question is that a man committed zina with a woman, and she became pregnant with him. What is the ruling regarding the child, if it is a boy or a girl, and then he marries her afterwards? Is the child called by his father’s name, and does he inherit from him? Please inform us, may Allah reward you.
Answer:
We ask Allah for well-being. If he committed zina with her, the child is not his, but hers. It is attributed to her, and it is said: the son of so-and-so, the child of so-and-so. It is attributed to Abdullah or Abd al-Rahman, and it is not attributed to the fornicator, because he is not a husband; he is merely a borrowed donkey, a vile one who committed an abomination. So it is not attributed to him, but to the woman, or she attributes it to Abdullah, because all people are the slaves of Allah. It is never called by the name of this fornicator. And his marriage is invalid if he marries her while she is pregnant; his marriage is invalid.
Question : Is the pregnancy from him?
Answer: It is not attributed to him, because the pregnancy is invalid, not attributed to him, but it is attributed to the woman. It is defective semen, not attributed to him, but to the woman. So when she gives birth, and he marries her afterwards after their repentance, they should repent to Allah (Glorified and Exalted is He), and there is no harm.
Question: .......؟
Answer: A guardian is necessary if she has no guardian. So the Sultan, meaning the one in authority in her land, the governor of her land, or the judge of her land if found, if she has no guardian; the judge of the land, or the governor of the land, marries her.
Question: ........؟
Answer: If she has no guardian, no father, no brother, no paternal uncle, no son of a paternal uncle.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.