A Muslim woman having an illegitimate child in a non-Muslim country
Fatwa No: 102596

  • Fatwa Date:11-12-2007 - Thul-Hijjah 2, 1428
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Question

Al Salam A'laykom Brother, I some questions 1). A muslim woman who was pregnant and and give a chilbirth by non-muslim,what would be the punishment in Islam and in my country there is no Shariah it is governed by Christian, how the muslims punish her that we're under the Christian Law. 2). Should we give Aqiqa for the child? and what is the name to be use to the child? because her parents doesn't want to marry her daughter to a Christian man. 3). The father of a Child wants to give a financial support to us... shall we accept it or not because we don't know his money comes from Haram! 4). While she was nursing the baby could she fast during whole Ramadhan or she will stop fasting and make-up later, I know fasting is ogligatory for Muslim and Muslima. Please reply me as soon as possible. Jazakallahukhair... Abuimran

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  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

 

Your question included many issues and we will summarize them in the following:

1-    We have already issued Fatwa 82281 clarifying the Hadd (i.e. the corporal punishment determined by the Islamic Law) for fornication and for adultery (i.e. for a married person and a non-married person). This woman is obliged to repent to Allaah and one should not divulge her sin. However, it should be mentioned that it is only the judge or his deputy who may inflict this punishment. It is not for the general public to do this.

2-    It is not permissible to marry off a Muslim woman to a non-Muslim, whether he is a Christian or else, as we clarified in Fatwa 86080.

3-    A child born out of Zina (fornication or adultery) is like any other child regarding his birth, but it is his mother who should perform 'Aqeeqah on him as she is the one who is obliged to spend on him. This child should be treated kindly. He should be given a good name and be traced back to his mother, or be given a general name like Ibn 'Abdullaah, for example. For more benefit, please refer to Fataawa 102092 and 101400.

4-    It is permissible in principle to accept a gift from a non-Muslim, but a gift should not be accepted from this man who fornicated with this woman, as this may lead her to commit fornication again with him.

5-    A breastfeeding woman is permitted to break the fast in Ramadan. If she breaks the fast due to fearing on herself, she should make up for the days she broke the fast without any expiation. However, if she breaks the fast due to fearing on her child, she is obliged to make up for the days she broke the fast and feed a poor person for each day. The ruling applies whether the child is from a correct marriage or a result of Zina. For more benefit, please refer to Fatwa 86896.

Allaah Knows best.

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