His first son was born out of Zina
Fatwa No: 97254

  • Fatwa Date:24-6-2007 - Jumaadaa Al-Aakhir 9, 1428
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Question

salaam alaikum wa rahmatu allah. 18 yaers ago I comitted a big sin(zinna). I slept with an english girl and made her pregnant. I was 20 at the time. I married her after two months of her been pregnant in the registry office and the mosque. we had a boy who is 17 years old, plus another 3 childrens. el hamdu lillah tubt.she became a muslim, she wears the veil and prays. we always make sure the kids do their prayer and teach them islamic values. in all we like to abide to sharia law. last week I heard from someone I know that, if a women gets pregnant from zinna. the child shouldn't take the father's name and he cannot inherit him and so and so. I was shocked!! and I am in a lot of stress since. although my son who is 17 year old is registred in my name of course. because I got married to the girl while she was 2 months pregnant ( this happened in england where we live now). I never knew the sharia laws as I was 20 years old and ignorent. would you please tell me if the situation is correct ? jazakum allahu ana kula khayr.

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 agreed in a consensus that the child born out of Zina (fornication or adultery) is not traced back to the adulterer, but it should be traced back to the husband of the woman (if she was married) unless he (the husband of the adulteress) denies the tracing of the child to him by invoking the Curse of Allaah on his wife. However, the scholars  may  Allaah  have  mercy  upon  them differed into two opinions about the fornicator (single woman) if she gives birth out of fornication, whether the child is traced back to the fornicator (or adulterer) or to her; the majority of the scholars  may  Allaah  have  mercy  upon  them are of the view that the child should be traced back to his mother and not to the fornicator (or adulterer). However, some scholars  may  Allaah  have  mercy  upon  them are of the view that the child is traced back to the fornicator (or adulterer) if he requests that the child be traced to him; for more benefit on tracing back the child born out of Zina, please refer to Fataawa 83680 and 84788, and to Fatwa 83176 on the ruling of marrying a woman fornicator.

Allaah Knows best.

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