Her husband married a pregnant Christian prostitute
Fatwa No: 123987

Question

Please can you give some guidance for the following:-
A man has been having an affair, committing adultery with a christian woman who already has two illegitimate sons and is also a pimp. This man's wife had previously come to know of his affiar an dthat time he had picked a kasam that he would never speak to this woman again. This woman has now given birth to a daughter who is this man's daughter. In addition, he may have read nikah with this woman when she was 5 months pregnant.
Please could you advise if this nikah is valid? and what the status of his daughter is?
What should this man do islamically in this situation?
Jazakallah

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger.

 

We have already issued Fatwa 88451 clarifying that it is not acceptable for a Muslim man to marry a woman from the People of the Book unless she is chaste, and the woman you inquired about is very far from chastity; she already had two children from illegal sexual intercourse and she works as a pimp.

We have also issued Fatwa 122443 clarifying that it is not permissible to marry a woman who is pregnant from Zina (fornication or adultery) until she gives birth.

If the situation is as you mentioned, that this man married this woman while she is not chaste, then this marriage is void. This invalidity is even more confirmed if he married her while she was pregnant. Therefore, this man should first of all sincerely repent to Allaah and then separate from this woman as he is not permitted to have sexual intercourse with her.

For more benefit on the conditions of repentance, please refer to Fataawa 86527 and 87903.

As regards the daughter, she is born out of illegal sexual intercourse so this man has no relation with her; rather, she should be traced back to her mother.

For more benefit on the ruling of a child born out of Zina, please refer to Fatwa 89082.

Allaah Knows best.

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