Fatwa: # 23472
Category: Misc. Fiqh
Country: India
Date: 2nd December 2012

Title

Illegitimate Child

Question

I have a question I need to ask. I would like if possible the answer to my question be quoted from part of quraan or hadith.

If a man and women have had sexual intercourse before marriage and the women falls pregnant unintentionally. The couple gets married, but the time the couple got married the couple never knew they are pregnant only after they got married they found out they are pregnant before the time.

Does this make it that the baby is illegitimate?

Please reply as soon as possible.

Answer

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

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

Every form of pre marital relationship is prohibited and is a major sin. The couple in reference should make Tauba(repent) for their sin of fornication.

If the child is born exactly 6 months or more from the time of the marriage, the child will be regarded as legitimate. If the child is born before 6 months from the time of the marriage, the child will be regarded as illegitimate.

And Allah Ta’āla Knows Best

Mufti Ebrahim Desai.    

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