Her daughter from her ex-husband was conceived before marriage
Fatwa No: 148021

Question

hi asalaam alaykium i have a child who is almost 2 now. she was concieved out of wedlock, and about 2 months after finding out i was pregnant me and her father married, so she was born in wedlock. i am now married again to another man, we are both looking to leave the country dose my child have rights over her father, also does he have to provide for her. also am i the mother to perform her aqeeqah..

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.

The scholars  may  Allaah  have  mercy  upon  them differed in opinion in regard to the marriage of a man with the woman whom he has impregnated through Zina (adultery/fornication) before she gives birth. The Maaliki and Hanbali schools of jurisprudence are of the view that this is prohibited, and the Hanafi and Shaafi’i schools permitted it because the sperm from an act of Zina has no sanctity (i.e. it does not have any effect in Sharee'ah and the family lineage is not confirmed with it). However, since this marriage took place, then it could be accepted as valid according to the opinion of those who said that it is valid. For more benefit, please refer to Fatwa 135767.

On the other hand, according to the view of the majority of the scholars  may  Allaah  have  mercy  upon  them the child born out of wedlock is not traced back to the Zani (fornicator/adulterer) even if he marries the woman he committed Zina with after she became pregnant. Rather, the child should be Islamically traced back to his mother. This is the most preponderant opinion contrarily to the view that he may be traced back to the Zani if he requests that the child be traced back to him and there is no one else to deny it. For more benefit, please refer to Fatwa 97254.

Therefore, that girl has no rights on that man and he is not obligated to spend on her; rather, she is your daughter and you are obligated to spend on her, and you inherit her and she inherits you as discussed in Fatwa 84788.

Also, in regard to the ‘Aqeeqah, you may perform ‘Aqeeqah for her; for more benefit, please refer to Fatwa 89873.

Finally, it should be noted that Zina is a grave major sin, and you should repent for having committed it and avoid any means that could lead you to it again, like forbidden looking, being in seclusion with a non-Mahram men and the like. For more benefit on the conditions of repentance, please refer to Fataawa 86527 and 87903.

Allaah Knows best.

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