Fatwa: # 22504
Category: Marriage
Country: Saudi Arabia
Date: 26th September 2012

Title

A couple got married the following day after committing zina. They did not repent. After 3 weeks the wife got pregnant. 1) Is the marriage valid? 2) Do they still need to repent or to pay? 3) Can we say that the pregnancy is from zina?

Question

Asselamu Aleikum sheik, am asking on behalf of my friend.   Two Muslim couples committed zina yesterday night. They knew that it was haraam and forgot to repent it and then they got married today morning in halal way.  After 3 weeks, wife got pregnant.  Right now, I have 3 more questions

1. Does the marriage is valid or not?

2. Do they need to repent now or pay something else?

3. Can we say that she got pregnant with zina?

 Please sheikh, I need an answer urgently because the married couples are in shock and they don't know what to do. 

Thank you 

Answer

Answer:

 

In the Name of Allah, the Most Gracious, the Most Merciful.

 

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

 

Shariah prohibits all forms of pre-marital relationships. Such relationships lead to illicit and haram acts as is also understood in the question.

 

Allah Ta’Ala says “And do not come near to Zina.” [1]The couple in question have committed zina (fornication) before nikah (marriage).  That is a major sin for which they should cry and repent to Almighty Allah Subhana wa Ta’Ala.  If they honestly regret the sin and sincerely repent, Allah Ta’Ala will definitely forgive them.

 

No kafara is necessary. However, if possible they should try and give some voluntary charity as a means of atonement for their sins.

 

It is encouraging to know that they had subsequently made a valid nikah.

 

In principle, if a child is born exactly 6 months or more after the marriage, the child will be considered to be born in wedlock and the child will be legitimate.

 

 

And Allah Ta’āla Knows Best

 

 

Saeed Ahmed Golaub

Westmoreland, Jamaica, West Indies

Student Darul Iftaa

 

Checked and Approved

Mufti Ebrahim Desai

daruliftaa.net 

 

 



[1] { وَلَا تَقْرَبُوا الزِّنَا إِنَّهُ كَانَ فَاحِشَةً وَسَاءَ سَبِيلًا (32)} [الإسراء: 32]

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