What is the ruling on a man marrying a woman who committed zina and became pregnant from the zina, under the pretext of covering for her, such that it is said she became pregnant from him, and then he divorces her afterward?
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The Shaykh : May Allah keep you safe.
The questioner : A woman who was divorced from her husband.
The Shaykh : Yes.
The questioner : She came from another country to here, and left her children in the other country.
The Shaykh : Yes.
The questioner : But a non-relative man from her original country hosted her, so we ask Allah for pardon and well-being; his son had intercourse with her using a narcotic without her knowledge.
The Shaykh: Allah is the Greatest!
The questioner : Yes. Then she was surprised by the pregnancy afterward.
The Shaykh: Allah is the Greatest!
The questioner : Yes. And afterward, the boy admitted to her that he had given her a narcotic, and this is her account, and Allah knows best.
The Shaykh: Yes.
The questioner : The boy went to that first country and left this country, so she said to her father, meaning, now she does not know whether she wants to abort this fetus or wait until she gives birth and leaves it. So one man offered to marry her so that he would cover for her; he would marry her to cover for her when she gives birth, and then divorce her. She is actually still under the care of her children from her first husband who divorced her, so we do not know how, our Shaykh, the solution is, or what she should do, or what your answer is, meaning from the perspective of Sharia, may Allah honor you?
The Shaykh : This man who wants to marry her.
The questioner: Yes.
The Shaykh : Claiming that he wants to cover for her.
The questioner: Yes.
The Shaykh : And how, meaning, is the covering?
The questioner : Meaning, such that this child, meaning, she might have become pregnant from him.
The Shaykh : Is that so?
The questioner : Yes, exactly.
The Shaykh : Okay, this is forbidden, it is not permissible.
The questioner : It is not permissible?
The Shaykh: No.
The questioner: Yes.
The Shaykh : So this is the first step: it is not permissible for him to marry her claiming that he is covering for her, first, and then attributing the child to him when he is not the one who provided the bed, so this action is not permissible, neither from him nor from her.
The questioner: Yes.
The Shaykh : As for her, how old is the fetus?
The questioner : The fetus is forty days old, our Shaykh.
The Shaykh : Forty days?
The questioner: Yes.
The Shaykh : Okay, is the woman known to you or unknown?
The questioner : It is well known.
The Shaykh : And is her uprightness or deviation known?
The questioner : By Allah, her uprightness and deviation?
The Shaykh : Then tell me: she is unknown.
The questioner : Yes, our Shaykh?
The Shaykh : Then tell me: she is unknown.
The questioner : Meaning, they say she is upright, and this boy, meaning, drugged her.
The Shaykh : What, meaning, makes us trust this statement?
The questioner : Allah knows best, our Shaykh.
The Shaykh : It is permissible for her, as a cover for herself, to claim that.
The questioner : It is possible, our Shaykh.
The Shaykh : The bottom line: withdraw your hands from this case.
The questioner: Allahu Akbar.
The Shaykh : And the circles turn around the aggressor.
The questioner : Yes. May Allah bless you, our Shaykh.
The Shaykh : May Allah preserve you.
The questioner : May Allah reward you with good.
The Shaykh : You are welcome.
The questioner : We are sorry for disturbing you, our Shaykh.
The Shaykh : No disturbance.
The questioner : Peace be upon you and Allah's mercy.
The Shaykh : And upon you be peace, and the mercy of Allah and His blessings.
The questioner : A woman who was divorced from her husband.
The Shaykh : Yes.
The questioner : She came from another country to here, and left her children in the other country.
The Shaykh : Yes.
The questioner : But a non-relative man from her original country hosted her, so we ask Allah for pardon and well-being; his son had intercourse with her using a narcotic without her knowledge.
The Shaykh: Allah is the Greatest!
The questioner : Yes. Then she was surprised by the pregnancy afterward.
The Shaykh: Allah is the Greatest!
The questioner : Yes. And afterward, the boy admitted to her that he had given her a narcotic, and this is her account, and Allah knows best.
The Shaykh: Yes.
The questioner : The boy went to that first country and left this country, so she said to her father, meaning, now she does not know whether she wants to abort this fetus or wait until she gives birth and leaves it. So one man offered to marry her so that he would cover for her; he would marry her to cover for her when she gives birth, and then divorce her. She is actually still under the care of her children from her first husband who divorced her, so we do not know how, our Shaykh, the solution is, or what she should do, or what your answer is, meaning from the perspective of Sharia, may Allah honor you?
The Shaykh : This man who wants to marry her.
The questioner: Yes.
The Shaykh : Claiming that he wants to cover for her.
The questioner: Yes.
The Shaykh : And how, meaning, is the covering?
The questioner : Meaning, such that this child, meaning, she might have become pregnant from him.
The Shaykh : Is that so?
The questioner : Yes, exactly.
The Shaykh : Okay, this is forbidden, it is not permissible.
The questioner : It is not permissible?
The Shaykh: No.
The questioner: Yes.
The Shaykh : So this is the first step: it is not permissible for him to marry her claiming that he is covering for her, first, and then attributing the child to him when he is not the one who provided the bed, so this action is not permissible, neither from him nor from her.
The questioner: Yes.
The Shaykh : As for her, how old is the fetus?
The questioner : The fetus is forty days old, our Shaykh.
The Shaykh : Forty days?
The questioner: Yes.
The Shaykh : Okay, is the woman known to you or unknown?
The questioner : It is well known.
The Shaykh : And is her uprightness or deviation known?
The questioner : By Allah, her uprightness and deviation?
The Shaykh : Then tell me: she is unknown.
The questioner : Yes, our Shaykh?
The Shaykh : Then tell me: she is unknown.
The questioner : Meaning, they say she is upright, and this boy, meaning, drugged her.
The Shaykh : What, meaning, makes us trust this statement?
The questioner : Allah knows best, our Shaykh.
The Shaykh : It is permissible for her, as a cover for herself, to claim that.
The questioner : It is possible, our Shaykh.
The Shaykh : The bottom line: withdraw your hands from this case.
The questioner: Allahu Akbar.
The Shaykh : And the circles turn around the aggressor.
The questioner : Yes. May Allah bless you, our Shaykh.
The Shaykh : May Allah preserve you.
The questioner : May Allah reward you with good.
The Shaykh : You are welcome.
The questioner : We are sorry for disturbing you, our Shaykh.
The Shaykh : No disturbance.
The questioner : Peace be upon you and Allah's mercy.
The Shaykh : And upon you be peace, and the mercy of Allah and His blessings.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.