Repentance from Zina and ruling on abortion before the ensoulment of the fetus

31-10-2023 | IslamWeb

Question:

I have committed Zina with a Non-Mulim girl and she is 35 days pregnant. We don’t plan to marry. Is it permissible to get the foetus aborted? If not then what is the ruling on taking care of the mother before the child is born? Do I have to pay for her house rent and monthly expenses until the child is born? And what is the ruling on taking care of the mother and child both after the child is born even if he have already decided to not keep any kind of ties anymore with each other? Because I have strictly done Tauba and we do not plan on keeping in touch anymore ever again. I thoroughly regret the grave sin that I have committed and have turned to Allah in repentance. May Allah accept my repentance and forgive me.

Answer:

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

We congratulate you on repenting to Allah, the Almighty, from this grave sin. We hope that Allah protects you in the future and strengthens your commitment to repentance. It is incumbent upon you to block any path that may lead you to commit this sin again, such as forbidden gazes and private interactions with non-Muhram women, and the like.

There is a difference of opinion among scholars regarding the ruling on abortion before the ensoulment of the fetus. Some permit it, while others are of the view that it is not permissible at various stages of fetal development, even if it is in the form of a sperm. The latter is the opinion we adopt.

Regarding the woman in question, there is no legitimate relationship established between you and her, so she has no legal rights over you as long as she willingly participated in the sinful act you both engaged in. Therefore, you are not obligated to provide her with any financial support or housing. The child resulting from this illegitimate relationship is not attributed to you. The legal aspects of paternity, such as financial support, inheritance, and the like are not established on him because he is not your son. The child is attributed to the mother, and it is her responsibility to provide for him, and she is the one who inherits from him and he from her. She is also responsible for his upbringing.

Allah knows best.

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