Q&A: Can He Have Intercourse with the Woman He Illegally Impregnated?

Wednesday 09-Jan-2019, 1:27AM / 2265

Translation: Abu Ubayy Sharif Hamzah

Questioner: Someone asked me (to ask this question), that he impregnated a woman (in an unlawful sexual contact) and he was admonished to get married to the lady (in question). He wants to know if he can start having intercourse with her now that they have done a aqdun-nikaah. 

Secondly, he wants to know if the aqdun-nikaah (he did after the Zina) can legitimise the child such that he can inherit him. 

Ustadh Qamardeen; Firstly, Scholars have two views on it; some say he should  marry her with the firm determination and intention that he won’t do Zina again. Has he made the determination that he won’t commit Zina again? Allaah says: A fornicator will only marry a fornicatress like him, such is forbidden on the believers. [Surah An-Nur: 3]. 

Allaah said He has prohibited the believers from marrying a fornicator (in the beginning of the verse quoted above) because the fornicator seeks to destroy the family system (in Islam). 

As for the case of this person, scholars differ on it; some say if both of them have repented and are determined not to commit Zina again; that child they got from Zina, Allaah will use it to (words not clear) on the condition that they won’t commit Zina again.

Other scholars say it is only a aqdun-nikaah that can make them a husband and a wife and that is after the lady must have given birth. They say they will not perform a aqdun-nikaah while the lady is pregnant. It can only be after she has put to bed.

After the aqdun-nikaah, the second child that the woman gives birth to belongs to the husband. The first child (from Zina) belongs to the mother and that is what we call waladu Zina (a child born out of wedlock). 

It is only the wife who owns a child that is got out of wedlock, the man who does not do Aqdun-nikaah must not claim the ownership of such child. 

As for the second question, scholars differ on it; if you want to marry the lady you committed Zina with, it would be after she has given birth. Both of you will become husband and wife after Aqdun-nikaah. And any child after this belongs to the man. 

Scholars say this is to prevent us from the evils of Zina. 

You see, there is no record that Aqdun-nikaah can be done while a lady is pregnant. A woman’s womb must be free before the Aqdun-nikaah. Thus if she becomes pregnant before the Aqdun-nikaah, then it would be done after delivery. May Allaah have mercy on us. 

We are also using this medium to advice those of us who are ripe for marriage to fear Allah, why would you have sex – impregnate a lady- before Aqdun-nikaah?  That used to be in the days of ignorance. 

O fathers, endeavor to advise your children to marry early because there are lots of fitnah outside; if he already has a job (a means of sustenance) which is not yet buoyant, the father should support his son on this marriage so as to save him from fitnah, if he wants to buy a car; you will support him, if he wants to build a house, you will buy bricks for him, if he wants to marry, support him so as to save him from troubles because Zina spoils the relationship between one and Allaah, it brings diseases and it also degrades someone, it prevents one’s prayer from being answered (by Allah) and if one dies he may be punished for it in the grave.  

Allaah knows best. 
(Source: Question 8 on the tape: Duties  and Rights of Spouses in Islaam).