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     | Wednesday, December 27, 2000 - 08:46 pm Assalamu Caleykum! I recently came to find out that according to the teachings of Islam, a girl impregnated by her companion while unmarried can not get married to that companion. This is an act that many people take for granted. Somalis and other Muslims do this all the time. A girl gets pregnant while unmarried to the man, and the man marries the girl, because she is pregnant or for what ever other reason he has. I was just told that this is against Islam and such a marriage is not acceptable. Can anyone please recite hadiths or Surrahs which discuss this topic? I am not 100% sure about this issue, and I need someone to confirm it for me. Jazza-kalah who ever that does it! Ps: Please no cursings or emotional outburts, answer only if you can!
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| | Thursday, December 28, 2000 - 02:54 am salaam alaykum sister, All i know is that if unmarried individuals commit adultery, then, their punishment according to our Islamic law is 100 lashes and exile for one year. If they were married then the punishment is 100 lashes and stoning till death. I don't think that it is allowed for a single female to get married while she is pregnant, unfortunately, i don't have an evidence right now!
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| | Thursday, December 28, 2000 - 03:17 am If you are not married you can not commit adultery. Marriage is a pre-condition for the act of adultery. You can commit fornication - which is a single person having sex outside the bonds of marriage. But for me to commit Adultery I must be married. Assuming that you can not implement the punishment of 100 lashes (which in the states is called assault) I suspect that if the couple gets married and tries to do the right thing getting married is the best substitute you can do.
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| | Thursday, December 28, 2000 - 07:36 am Thanks MM, you are right...its called fornication (my bad!). I am a muslim...its my duty to take what our prophet told us to take n leave what he told us to leave.
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| | Friday, December 29, 2000 - 09:26 am Idea You got me thinking though. In all seriousness, if you live in the US (Let's say Virginia, for the sake of argument here) then I assume that you can't practice this particular rule anyway. I mean, it's not like you could get a judge to issue a restraining order exiling the offending party to Maryland??? So getting married would seem to be a logical alternative. And if their marriage is anything like mine, they'll wish they got 100 lashes and a short exile.
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| | Friday, December 29, 2000 - 09:45 am The following Fatwa has been given by Darul Ifta. I guess it will help the readers of this topic Siciid Q)I would like to know the Islamic legal ruling as well as the different opinions regarding marrying a woman whom one impregnated through adultery? A) It is unanimously agreed that an adulterer/or fornicator is allowed to marry the adulteress/or the fornicatrix he impregnated. If she gave birth to a child six months after the marriage, the child is legitimately his. If the child is born less than six months after the marriage, it is not, unless the man admits that the child is his, even if he does not disclose having an affair with the woman. This admission is held as an evidence of the adulterer's fathering the child for the probability of a previous marriage. The wisdom behind that is to secure a Muslim's best interest and attempt to preserve the woman’s honor. Concerning the marriage of a man who never engaged in adultery/or fornication to an adulteress/or fornicatrix, opinions varied. Al-Hasan Al-Basri holds that adultery invalidates marriage, whereas the majority of scholars maintain that a Muslim may marry an adulteress. These differences may be traced back to the following verse: “Let no man guilty of adultery or fornication marry any but a woman similarly guilty, or an Unbeliever: nor let any but such a man or an Unbeliever marry such a woman: to the Believers such a thing is forbidden.”(An-Nur: 3) The former opinion depends on the literal meaning of the verse which þ voices total prohibition. Conversely, the latter view interprets the verse as meaning marrying an adulteress is just blameworthy, but not forbidden. They base their view on the Hadith that states: "The lawful action is not rendered unlawful by a sinful act." (Reported by Ibn Majah on the authority of Ibn `Umar and by Al-Bayhaqyy on the authority of `A'ishah) The majority of scholars, however, differ as regards the details. If the adulteress/or fornicatrix is not pregnant, a non-adulterer/or a non-fornicator may marry her. If she is, Abu Haneefah and Muhammad maintain that he can marry her provided that he does not consummate the marriage until she delivers, because of the following evidence: Firstly, an adulteress is not listed among the women a Muslim is prohibited to marry. A Muslim can, therefore, marry her. Allah, Exalted be He, says, "Lawful unto you are all beyond those mentioned." (An-Nisaa': 54) Secondly, the illegal sexual relation has no significance in Shari`ah. This is confirmed by the fact that the illegitimate child is not ascribed to the adulterer/or fornicator, as the Hadith states: “The (illegitimate) child is ascribed to the woman who begets him/or her, and the penalty for prostitution is stoning (to death).” So long as the illegal sexual relation has no significance, it does not render marriage to the adulteress/or fornicatrix unlawful. The reason behind forbidding having sexual intercourse with a pregnant adulteress/or fornicator until she delivers is revealed by the Prophet's words, "Whoever believes in Allah and Judgment Day is not to water another man's plant," i.e. have sex with the woman who got pregnant by illicit affairs. Abu Yusuf and Zafar indicate: A pregnant adulteress cannot get married because pregnancy prevents engaging in sexual intercourse, which, in turn, prevents contracting marriage. So just as a non-adulteress pregnant woman cannot get married, a pregnant adulteress cannot either. According to the Maliki jurists, a Muslim is not allowed to marry an adulteress/or fornicatrix before she is cleared of the adultery/or fornication, by waiting for three menstrual cycles or three months. Contracting marriage before that is illegal and must be annulled, whether the woman turns out to be pregnant or not. If she is, marrying her is unlawful because of the above-mentioned Hadith. If she is not, a Muslim is still not allowed to marry her before the waiting period is over in order to avoid confusion concerning the father of any potential child. The Shafi`i jurists maintains: Should a man commit adultery with a woman, he is allowed to marry her, as Allah, Exalted be He, says, "Lawful unto you are all beyond those mentioned" (An-Nisaa': 54) and also because of `A'ishah's previously mentioned Hadith. The Hanbali jurists maintain: If a woman commits adultery/or fornication, a Muslim who knows of that is not to marry her except under two conditions: Firstly, her `Iddah (the waiting period necessary before getting married) must be over. If she conceives a child out of wedlock, her `Iddah comes to an end upon delivery and she is not to get married before that, because of the aforementioned Hadith, “Whoever believes in Allah and Judgment Day is not to water another man's plant”, as well as the authentic Hadith, "No pregnant woman is to engage in sexual intercourse until she delivers.” This view is held by Malik. Secondly, the adulteress/or fornicatrix should repent of her sin; this is based on the verse, "All that is forbidden unto believers." (An-Nur: 3) It is thus unlawful to marry her before she repents. Should she repent, a Muslim is no longer prohibited to marry her as the Prophet (peace and blessings be upon him) says, “Whoever repents of his sin is absolved of it as if he never sinned.” However, the rest of the Jurists do not stipulate this condition. ******End of The Fatwa*********************** I hope this is the answer you are looking for. Siciid
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| | Friday, December 29, 2000 - 10:51 am Asalaamu alaikum. In addition to what Said(may Allah reward him) posted, I hope this will benefit the readers too and will answer your question Madmullah. Source: http://islam-qa.com (search, keywords related to the topic) Question: What is the validity of a marriage in this situation: A man has a sexual relationship with a woman. The relationship results in a pregnancy. When the pregnant is in the third month they get married. The couple repent for the relationship, and continue to live as husband and wife for another 20 years or so as good muslims and they have 5 children in total. Some scholars referring to Aya 3 of Surat Noor say the marriage is void. Please advice. If it is Void is there a way of making it Halaal ? Answer: The marriage contract is void because it was made without fulfilling its necessary conditions. One of these conditions is the readiness of the womb. This means that the woman whom is to get married must have her womb unoccupied. For example, a man may not marry a woman who is pregnant. He may not marry a woman who was divorced until she is out of her idd'ah (a period where a widow or a divorced woman may not marry). Also a man may not marry a woman he has been having intercourse with until they both repent and she gets her monthly period. This is a sign that her womb is clean. The Prophet forbade Muslims to have intercourse with female slaves they bought recently until they are certain that their wombs are clear from any pregnancy. Waiting for the monthly period does this. In your case, the marriage contract must be renewed. This is not a difficult thing to do. The first boy is not Islamicly your son, as he was not created in his mother's womb through a valid marriage contract. Some scholars say he is not to be called after you as he is born out of adultery. He is to be called after his mother's family. He is not to inherit you and you are not to inherit him. As for the remaining children, they are yours and they carry your name. Other scholars, such as Ibn Taymiyah and Ibn AlQayyim say that if the woman is not married at the time of committing adultery, then the adulteress father may give his name to this boy and that he may be treated as his son. In your case, this last opinion may be the most suitable for you and your family. Yet you must renew your marriage contract at any Islamic center, and Allah knows best.
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| | Friday, December 29, 2000 - 10:54 am Salaam all, one more thing on this topic:-) Source: http://www.islam-qa.com Allaah says (interpretation of the meaning): "And come not near to the unlawful sexual intercourse (zinaa). Verily it is a faahishah (a great sin) and an evil way." [al-Israa' 17:32] Ibn Katheer (may Allaah have mercy on him) said: "Allaah says, forbidding His slaves to commit zinaa, to approach it or to put themselves in situations that may lead to it or tempt them to it: 'And come not near to the unlawful sexual intercourse. Verily it is a faahishah' i.e., a great sin, and 'an evil way' i.e., a bad way of behaving." Imaam Ahmad said: "Yazeed ibn Haaroon told us that Jareer told us that Saleem ibn 'Aamir told us, from Abu Umaamah that a young man came to the Prophet (peace and blessings of Allaah be upon him) and said: 'O Messenger of Allaah, grant me permission to commit zinaa.' The people turned to him and told him off, saying, 'Ssh!' The Prophet (peace and blessings of Allaah be upon him) said: 'Come closer,' so he came closer. He told him, 'Sit down,' so he sat down. He asked him, 'Would you like this for your mother?' He said, 'No, by Allaah, O Messenger of Allaah. May Allaah cause me to be sacrificed for you!' He said: 'No people would like it for their mothers.' He asked him, 'Would you like this for your daughter?' He said, 'No, by Allaah, O Messenger of Allaah. May Allaah cause me to be sacrificed for you!' He said: 'No people would like it for their daughters.' He asked him, 'Would you like this for your sister?' He said, 'No, by Allaah, O Messenger of Allaah. May Allaah cause me to be sacrificed for you!' He said: 'No people would like it for their sisters.' He asked him, 'Would you like this for your paternal aunt?' He said, 'No, by Allaah, O Messenger of Allaah. May Allaah cause me to be sacrificed for you!' He said: 'No people would like it for their paternal aunts.' He asked him, 'Would you like this for your maternal aunt?' He said, 'No, by Allaah, O Messenger of Allaah. May Allaah cause me to be sacrificed for you!' He said: 'No people would like it for their maternal aunts.' The Prophet (peace and blessings of Allaah be upon him) put his hand on him and said: 'O Allaah, forgive him his sin, purify his heart and make him chaste.' After that, the young man never paid attention to anything of that nature." Allaah says (interpretation of the meaning): "And those who invoke not any other god along with Allaah, not kill such life as Allaah has forbidden, except for just cause, nor commit illegal sexual intercourse - and whoever does this shall receive the punishment. The torment shall be doubled to him on the Day of Resurrection, and he will abide therein in disgrace; except those who repent and believe, and do righteous deeds, for those, Allaah will change their sins into good deeds, and Allaah is Oft-Forgiving, Most Merciful. And whosoever repents and does righteous good deeds, then verily, he repents towards Allaah with sincere repentance." [al-Furqaan 25:68-71] It is not permitted for a man guilty of zinaa to marry a woman who is similarly guilty unless both of them repent sincerely to Allaah, may be He be glorified, so that they will no longer be described as being guilty of zinaa. Allaah says (interpretation of the meaning): "Let no man guilty of adultery or fornication marry any but a woman similarly guilty, or an unbeliever: not let any but a such a man or an unbeliever marry such a woman: to the Believers, such a thing is forbidden." [al-Noor 24:3] So you must repent sincerely to Allaah, and follow this kabeerah (major sin) with many good deeds, so that Allaah may forgive you. If you are both sincere in your repentance and adhere to the laws of Allaah from now on, there is nothing wrong with your marrying her. Allaah forgives the one who repents.
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| | Saturday, December 30, 2000 - 08:18 pm Idea, TLG and Siciid, Thank you for all the information you've provided up! I really appreciate it.
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