Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

May allah forgive me ...

i have one question (Z) Love with (Y) and they had very bad relation means sexual relation. later one they were engaged but they were on same track and finally they get married but before the nikkah that girl was pregnant. My question is what is the punishment for both second the is this nikkah is authentic and lastly the birth of the baby what is his/her status. 

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Answer:

Child resulting from zina

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Your Question: my question is what is the punishment for both

If the two were unmarried and committed the heinous crime of ‘zina’ or illegal sexual intercourse, and their case of ‘zina’ is brought before a Shariah Court, and the Shariah Judge finds enough evidence to convict them of their crime of ‘zina’….the prescribed punishment in Shariah Law for each would be a hundred lashes in public.

Allah Says in the Holy Quran Chapter 24 Surah Noor verse 2:

2 The woman and the man guilty of ‘zina’ (fornication) flog each of them with a hundred stripes: let not compassion move you in their case in a matter prescribed by Allah, if ye believe in Allah and the Last Day: and let a party of the believers witness their punishment.

This prescribed punishment of a hundred lashes (for fornication) is only what a righteous society is commanded to extract from those who are convicted of the abomination of ‘zina’ in the life of this world. Allah is our witness, if they do not sincerely repent for their evil deed before their appointment of death, their punishment in the Hereafter in the Presence of their Majestic Lord would be very severe indeed!

Your Question: ….second the is this nikkah is authentic

Provided all the obligatory conditions of a ‘nikaah’ were fulfilled, the ‘nikaah’ itself would be valid and lawful in the Sight of Shariah Law; but the ‘nikaah’ of two people who committed the abomination of ‘zina’ by itself will not forgive them their transgression. The one and only way to get their abomination forgiven and avert the inevitable accounting of their crime on the Day of Judgement is to turn back to Allah Subhanah seeking sincere forgiveness; it is expected that they will find their Lord Forgiving and Merciful.

Allah says in the Holy Quran Chapter 39 Surah Zumur verses 53-54:

(O Prophet) say: “O My servants who have wronged their own souls….Do not despair of Allah’s Mercy! Surely, Allah forgives all sins. He indeed is the All Forgiving, All Merciful. Return to your Lord and submit to Him before the scourge overtakes you; for then you may get no help from anywhere.”

Your Question: ….and lastly the birth of the baby what is his/her status. 

If the child was conceived before the two were legally married, the child will indeed be considered born out of wedlock; but the child will be absolutely blameless and innocent of the crime of its biological ‘parents’ in the Sight of Allah Subhanah.

The child be recognized by the name of its mother (not its father); the child will inherit only from its mother (not its father); and the mother (not its father) will inherit from its child. The biological father will hold no legal responsibility for the child, nor will the child hold any legal responsibility for its biological father.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

Your brother and well wisher in Islam,

Burhan