Separated from her husband, embraced Islam and got pregnant from Zina
Fatwa No: 176757

  • Fatwa Date:1-4-2012 - Jumaadaa Al-Oula 10, 1433
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Question

I have a friend who converted in islam for 1 and a half year already, she is separated in her husband for 4 years and having a relationship with a muslim man right now and it happens that they commit fornication and my friend is pregnant now and she is so confuse what she will do.....please I need your view in this case,jazak'Allah khairan.

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, is His slave and Messenger.

This sister is obliged to take the initiative to repent from this abominable sin because Zina (fornication or adultery) is a grave major sin and it is one of the reasons that cause the Wrath of Allaah. For more benefit on the seriousness of Zina, please refer to Fataawa 131279 and 86527.

If a non-Muslim woman becomes a Muslim and her husband did not embrace Islam until her waiting period expires, then her marriage with him is invalidated; so he has no relation with her after this as we clarified in Fataawa 107894 and 84226.

In case she became pregnant while the bond of marriage was still ongoing, which means before her waiting period had expired from her non-Muslim husband, then the child is attributed to him unless he denies him by Li’aan (i.e. he and his wife invoke the curse of Allaah on the liar among them when he accuses her of having committed adultery), but if she became pregnant from Zina after her waiting period had expired, then this fetus is not attributed to the husband nor is it attributed to the fornicator. Rather, it is attributed to its mother only.

For more benefit on tracing back a child born out of wedlock, please refer to Fatwa 84788.

However, she should fear Allaah in this fetus until she gives birth to it, and then she should be kind to the child and nurture him/her on goodness and virtuousness so that Allaah will recompense her and reward her for doing so in this life and in the Hereafter.

Furthermore, she should observe the Limits of Allaah and cut her relationship with that man. But if she repents from Zina and that man repents also, then it is permissible for them to get married to each other after she gives birth to her baby.

Allaah Knows best.

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