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Child of Zina

Answered as per Hanafi Fiqh by Fatwaa.com

As salamu alykum wa rahmatullahi wa barakatu
I’m a revert muslim and I have a friend who have been trying to leave haram habits, unfortunately as a result The person He is was seeing is pregnant and dont know what to do as know zinah is a grave sin n He thinks he is doomed .. My question also is that should they make nikkah ? If so then when ?? Or what Should They do as heard that the child cannot even inherit from him

Answer

Wa’alaykum as Salam wa rahmatullahi wa barakatuhu,

Firstly, with wisdom and diplomacy, you should remind your friend of the abhorrence of Zina. Urge him to sincerely repent to Allah, and make a commitment not to repeat this sin again.

The Prophet (sallAllahu ‘alayhi wa sallam) said:

أَنَّ النَّبِيَّ صلى الله عليه وسلم قَالَ ‏ “‏ لاَ يَزْنِي الزَّانِي حِينَ يَزْنِي وَهُوَ مُؤْمِنٌ وَلاَ يَسْرِقُ حِينَ يَسْرِقُ وَهُوَ مُؤْمِنٌ وَلاَ يَشْرَبُ الْخَمْرَ حِينَ يَشْرَبُهَا وَهُوَ مُؤْمِنٌ وَالتَّوْبَةُ مَعْرُوضَةٌ بَعْدُ ‏

A fornicator is not a believer as long as he commits fornication, and a person who steals is a not a believer as long as he commits theft, and a person who drinks wine is not a believer as long as he drinks it. But repentance may be accepted after that. (Saheeh Al-Muslim, Kitaab Al-Imaan)

Insha Allah, if he sincerely repents, he will not be doomed, and Allah will forgive him.

If they are able to get married within the first three months of pregnancy, then the child will not be regarded as illegitimate.

However, if three months have already passed, the child would then be classified as a Walad az-Zina (illegitimate child). In that case, the child will not inherit from the father.

And Allaah Ta’aala knows best

Wassalaam,

Ismail Moosa (Mufti)

This answer was collected from Fatwaa.com which is an excellent Q&A site managed by Mufti Ismail Moosa from South Africa. .

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