๐ธ๐ผ๐ฌ๐บ๐ป๐ฐ๐ถ๐ต❓
I committed adultery many times with the same woman. Now the woman is pregnant. I would like to know if I can marry her in order to solve the problem (I mean cover the scandal) so the baby will find a father and gets the name. Actually, unfortunately, I would prefer abortion and I wish to convince her to do that, but don't know if this is considered killing a person. If so, I would feel guilty because of that. I believe the embryo is about 6-8 weeks. Please, I need your help as soon as possible.
๐จ๐ต๐บ๐พ๐ฌ๐น❗️
Praise be to Allah.
Firstly, my brother in
Islam, I offer you my condolences for the faith that you lost during the times
when you were committing adultery. For the Prophet (peace and blessings of
Allah be upon him) said: “When an adulterer commits illegal sexual intercourse,
then he is not a believer at the time he is doing it, and when a drinker of an
alcoholic liquor drinks it, then he is not a believer at the time of drinking
it, and when a thief steals, then he is not a believer at the time of stealing,
and when a robber robs, and the people look at him, then he is not a believer
at the time of doing robbery.” (al-Bukhari)
Have you not read what your
Lord says in His Book?
ََููุง ุชَْูุฑَุจُูุง ุงูุฒَِّูุง ۖ ุฅَُِّูู َูุงَู َูุงุญِุดَุฉً َูุณَุงุกَ ุณَุจًِููุง
“And come not near to
unlawful sex. Verily, it is a Fahishah (i.e. anything that transgresses its
limits: a great sin, and an evil way that leads one to Hell unless Allah
forgives him).” [Suratul Isra'il 32]
Do you not know that Allah
sees you wherever you are, and He hears you when you speak?
Do you not remember the
great blessings that Allah has bestowed upon you? For He is the One Who heals
you when you are sick, the One Who feeds you when you are hungry and gives you
to drink when you are thirsty. And He has given you the greatest blessing that
He has bestowed upon mankind, the blessing of Islam.
َْูู ุฌَุฒَุงุกُ ุงْูุฅِุญْุณَุงِู ุฅَِّูุง ุงْูุฅِุญْุณَุงُู
“Is there any reward for
good – other than good?” [Suratur-Rahman 60]
My brother, ask yourself:
Whose dominion do you live under? Whose provision do you eat from? By Whose
command do you live? Is it not the dominion of Allah, the provision of Allah,
the command of Allah? So how can you disobey Allah?
Perhaps you have forgotten
the hadeeth (narration) of the Mi’raj (ascension), in which the Prophet (peace
and blessings of Allah be upon him) said: “… then we proceeded and came to
something like a tannoor (a kind of oven).” [The narrator] said: “I think he
said, ‘in which there were clamouring voices.’” He [the Prophet (peace and
blessings of Allah be upon him)] said: “We looked into it and there we saw
naked men and women. Flames were coming to them from the bottom of it, and when
the flames reached them, they made an uproar. I said to them [i.e., the two
angels who were accompanying him], ‘Who are these?’ They said, ‘Proceed,
proceed!’… I said to them, ‘I have seen strange things this night. What is this
that I have seen?’ They said, ‘We will tell you…. The naked men and women in
the structure that resembled a tannoor oven are the adulterers and
adulteresses.’” (Narrated by al-Bukhari).
So you must hasten to repent
sincerely before death overtakes you, for the gate of repentance is open until
the sun rises from the west or before the soul reaches the throat [at death].
Allah rejoices over the repentance of His slave, and He will change his bad
deeds (sayyiat) into good deeds (hasanat). Allah says:
َูุงَّูุฐَِูู َูุง َูุฏْุนَُูู ู
َุนَ ุงَِّููู ุฅًَِٰููุง ุขุฎَุฑَ ََููุง َْููุชَُُููู ุงَّْูููุณَ ุงَّูุชِู ุญَุฑَّู
َ ุงَُّููู ุฅَِّูุง ุจِุงْูุญَِّู ََููุง َูุฒَُْููู ۚ َูู
َْู َْููุนَْู ุฐََِٰูู ََْููู ุฃَุซَุงู
ًุง
“And those who invoke not
any other ilah (god) along with Allah, nor kill such a person as Allah has
forbidden, except for just cause, nor commit illegal sexual intercourse and
whoever does this shall receive the punishment. [Suratul Furqan 68]
ُูุถَุงุนَْู َُูู ุงْูุนَุฐَุงุจُ َْููู
َ ุงَِْูููุงู
َุฉِ ََููุฎُْูุฏْ ِِููู ู
َُูุงًูุง
The torment will be doubled
for him on the Day of Resurrection, and he will abide therein in disgrace.
[Suratul Furqan 69]
ุฅَِّูุง ู
َْู ุชَุงุจَ َูุขู
ََู َูุนَู
َِู ุนَู
ًَูุง ุตَุงِูุญًุง َูุฃَُٰููุฆَِู ُูุจَุฏُِّู ุงَّูู ุณَِّูุฆَุงุชِِูู
ْ ุญَุณََูุงุชٍ ۗ ََููุงَู ุงَُّููู ุบَُููุฑًุง ุฑَุญِูู
ًุง
Except those who repent and
believe (in Islamic Monotheism), and do righteous deeds; for those, Allah will
change their sins into good deeds, and Allah is Oft‑Forgiving, Most Merciful.
[Suratul Furqan
70]
َูู
َْู ุชَุงุจَ َูุนَู
َِู ุตَุงِูุญًุง َูุฅَُِّูู َูุชُูุจُ ุฅَِูู ุงَِّููู ู
َุชَุงุจًุง
And whosoever repents and
does righteous good deeds; then verily, he repents towards Allah with true
repentance.” [Suratul Furqan 71]
Secondly, with regard to
your question, “Do I have to marry her?”: this is the issue of the adulterer
marrying the woman with whom he committed adultery.
The answer is that it is not
permissible for him (the adulterer) to marry her, or for her to marry him,
until the label of adultery no longer applies to them. That label can only be
removed through repentance.
It is not permissible for
you to marry her even if she is Jewish or Christian, because she is a zaniyah
(adulteress). Even if she is Muslim, it is not permissible for you to marry her
because she is a zaniyah. And it is not permissible for her to accept you as a
husband because you are a zani (adulterer). Allah says:
ุงูุฒَّุงِูู َูุง َِْูููุญُ ุฅَِّูุง ุฒَุงَِููุฉً ุฃَْู ู
ُุดْุฑَِูุฉً َูุงูุฒَّุงَِููุฉُ َูุง َِْูููุญَُูุง ุฅَِّูุง ุฒَุงٍู ุฃَْู ู
ُุดْุฑٌِู ۚ َูุญُุฑِّู
َ ุฐََِٰูู ุนََูู ุงْูู
ُุคْู
َِِููู
“The adulterer — fornicator
marries not but an adulteress — fornicatress or a polytheist; and the
adulteress –fornicatress, none marries her except an adulterer — fornicator or
a polytheist [and that means that the man who agrees to marry (have a sexual relation
with) a Mushrikah (female polytheist, pagan or idolatress) or a prostitute,
then surely, he is either an adulterer — fornicator, or a Mushrik (male
polytheist, pagan or idolater). And the woman who agrees to marry (have a
sexual relation with) a Mushrik or an adulterer — fornicator, then she is
either a prostitute or a Mushrikah]. Such a thing is forbidden to the believers
(of Islamic Monotheism).” [Suratun-Nur 3]
The phrase “Such a thing is
forbidden to the believers” indicates that this marriage is forbidden.
“It is essential that both
of you repent to Allah, give up this sin, regret the evil actions that have
occurred in the past, resolve not to return to them, and do many righteous
deeds, so that Allah may accept your repentance and turn your bad deeds (sayyiat)
into good deeds (hasanat). Allah says:
َูุงَّูุฐَِูู َูุง َูุฏْุนَُูู ู
َุนَ ุงَِّููู ุฅًَِٰููุง ุขุฎَุฑَ ََููุง َْููุชَُُููู ุงَّْูููุณَ ุงَّูุชِู ุญَุฑَّู
َ ุงَُّููู ุฅَِّูุง ุจِุงْูุญَِّู ََููุง َูุฒَُْููู ۚ َูู
َْู َْููุนَْู ุฐََِٰูู ََْููู ุฃَุซَุงู
ًุง
“And those who invoke not
any other ilah (god) along with Allah, nor kill such a person as Allah has
forbidden, except for just cause, nor commit illegal sexual intercourse and
whoever does this shall receive the punishment. [Suratul Furqan 68]
ُูุถَุงุนَْู َُูู ุงْูุนَุฐَุงุจُ َْููู
َ ุงَِْูููุงู
َุฉِ ََููุฎُْูุฏْ ِِููู ู
َُูุงًูุง
The torment will be doubled
for him on the Day of Resurrection, and he will abide therein in disgrace.
[Suratul Furqan 69]
ุฅَِّูุง ู
َْู ุชَุงุจَ َูุขู
ََู َูุนَู
َِู ุนَู
ًَูุง ุตَุงِูุญًุง َูุฃَُٰููุฆَِู ُูุจَุฏُِّู ุงَُّููู ุณَِّูุฆَุงุชِِูู
ْ ุญَุณََูุงุชٍ ۗ ََููุงَู ุงَُّููู ุบَُููุฑًุง ุฑَุญِูู
ًุง
Except those who repent and
believe (in Islamic Monotheism), and do righteous deeds; for those, Allah will
change their sins into good deeds, and Allah is Oft‑Forgiving, Most Merciful.
[Suratul Furqan 70]
َูู
َْู ุชَุงุจَ َูุนَู
َِู ุตَุงِูุญًุง َูุฅَُِّูู َูุชُูุจُ ุฅَِูู ุงَِّููู ู
َุชَุงุจًุง
And whosoever repents and
does righteous good deeds; then verily, he repents towards Allah with true
repentance.” [Suratul Furqan 71]
If you want to marry her,
you have to be sure that she is not pregnant by waiting to see if she
menstruates. If it becomes apparent that she is pregnant, it is not permissible
for you to marry her until after she delivers the baby, in accordance with the
hadeeth (narration) of the Prophet (peace and blessings of Allah be upon him),
in which he forbade a man to use his water to irrigate the crops of another.”
(Fatwas of the Standing
Committee in al-Buhooth al-Islamiyyah magazine)
Thirdly, you say, “so the
baby will find a father and gets the name.” This is the matter of attributing
the child of adultery: who is he to be named after?
The answer is that the
majority of scholars have said that the child of adultery should not be named
after the adulterer, because the Prophet (peace and blessings of Allah be upon
him) said: “The child goes to the owner of the bed and the adulterer gets nothing
but the stones (despair, i.e., to be stoned to death).” (Agreed upon.)
Fourthly, you say, that you
would prefer the woman to get rid of the baby. This is the issue of abortion,
and the ruling on that is as stated in the report of the Committee of Senior
Scholars (Hay at Kibar al-‘Ulama) which is as follows:
“1 – It is not permissible
to abort the pregnancy at any of its various stages except for a legitimate
shar’i (legal) reason, and within very narrow limits.
2 – If the pregnancy is in
the first stage, which is forty days, and aborting it will serve a legitimate
shar’i interest or ward off some harm, then it is permissible to abort it. But
aborting it at this stage for fear of difficulty in bringing up children or in
providing for them or teaching them, or fear for their future, or because the
couple feel that they have enough children – this is not permitted.
3 – It is not permissible to
abort the pregnancy once it has become an ‘alaqah (clot) or mudghah (chewed
lump of flesh) [i.e., after 40 days’ gestation] unless a trustworthy medical
committee has stated that allowing the pregnancy to continue poses a danger to
the health of the mother, such that there is the fear that she will die if the
pregnancy continues. In this case it is permissible to abort the pregnancy,
after exhausting all other means of trying to ward off that danger.
After the third stage, and
after the completion of four months of pregnancy, it is not permissible for you
to abort the pregnancy unless a group of trustworthy specialist doctors decide
that leaving the foetus in his mother’s womb will lead to the death of the
mother; this is after exhausting all possible means of keeping the foetus
alive. Performing an abortion subject to these conditions is permitted in order
to ward off the greater of the two harms, and to preserve the greater of the
two interests.” (Quoted from al-Fatawa al-Jami’ah)
We ask Allah to keep us safe
and sound and to accept our repentance.
May Allah bless our Prophet
Muhammad. (Peace and blessings of Allah be upon him)
And Allah knows best.
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