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:

before marriage i had sex with one girls and later i married with her but before the marriage she was pregnant of false actions what will be the punishment for us we from the heart feel sorry about it but what will be the future of this baby. 

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

Answer:

Rights of 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: before marriage i had sex with one girls and later i married with her but before the marriage she was pregnant of false actions what will be the punishment for us.

Marriage with the woman with whom one has committed the abomination of unlawful sexual intercourse or ‘zina’ by itself does not absolve the couple of their crime in the Sight of Allah Subhanah. The one and only thing which will absolve or forgive the couple their sin of ‘zina’ is the seeking of sincere forgiveness from their Lord Creator.

Whatever deeds one might have done, if one turns to Allah Subhanah in sincere Taubah and seeks forgiveness, Allah Subhanah has promised in the Holy Quran that He will forgive all the sins of such a believer, even if one has committed the gravest sin of all: ‘Shirk’!

The conditions or ways to seek sincere Taubah or Repentance from the Merciful Lord are:

• One is aware that he has sinned, and feels sorry and ashamed at his sin.
• Makes a solemn covenant and promise with Allah that he will not repeat his sin again.
• Turns to Allah and seeks forgiveness, before he has met with his appointment of death.
• Is a believer and does righteous good deeds thereafter.

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.”

Allah says in the Holy Quran Chapter 3 Surah Ale Imraan verse 135-136:

Allah likes such good people very much, who, if ever they commit a base deed or wrong their own soul by the commission of a sin, remember Allah instantly, and ask for forgiveness from Him for their shortcomings. For who, but Allah, can forgive sins? (And Allah loves those) who do not knowingly persist in the wrongs they did. These will be rewarded with forgiveness from Allah, and with Gardens beneath which canals flow, and they will reside therein forever! How excellent is the reward of those who do good deeds!

Allah says in the Holy Quran Chapter 25 Surah Furqaan verses 63-71:

The (true) servants of the Merciful are those who walk humbly on the earth. When the ignorant people behave insolently towards them, they say, “Peace to you”; (And those) who pass their nights in prostrating themselves and standing before their Lord and pray, “O our Lord, save us from the torment of Hell, for its torment is killing! It is an evil abode, and an evil resting place”. (And those) who, when they spend are neither extravagant, nor miserly, but keep the golden mean between the two extremes. (And those) who do not invoke any god but Allah Alone, nor kill a soul unjustly, which Allah has forbidden, nor commit adultery… He who does this shall be punished for his sin, and his torment shall be doubled on the Day of Resurrection, and he shall abide in a state of ignominy; EXCEPT THE ONE WHO MAY HAVE REPENTED (AFTER THOSE SINS), AND HAVE BELIEVED AND DONE RIGHTEOUS DEEDS. For then, Allah will change his evil deeds into good deeds, and He is very Forgiving and Merciful. In fact, one who repents and does righteous deeds, returns to Allah as one rightly should!

Allah says in the Holy Quran Chapter 6 Surah Anaam verse 54:

When those come to you who believe in Our Signs, say: "Peace be on you! Your Lord had inscribed for Himself (the rule of) Mercy. Verily if any of you did evil in ignorance, and thereafter repented and amended (his conduct), Lo! He is Oft-Forgiving, Most Merciful."

Al-Tirmidhi Hadith 2357 Narrated by Abdullah ibn Mas'ud

Allah's Messenger (saws) said, "He who repents of a sin is like him who has committed no sin."

Al-Tirmidhi Hadith 2338 Narrated by Abdullah ibn Umar

Allah's Messenger (saws) said, "Allah accepts a servant's repentance (taubah) till he gives up his spirit in death."

Al-Tirmidhi Hadith 2339 Narrated by Abu Sa'id

Allah's Messenger (saws) said that the Shaytaan said, "By Thy Might, my Lord, I shall continue to lead Thy servants astray as long as their spirits are in their bodies!" The Lord, Who is Great and Glorious, replied, "By My Might, Glory and Exalted Station, I shall continue to pardon them as long as they ask My forgiveness!"

If one is sincerely repentant for their past sins, regardless of whether the sins are as grave as ‘zina’ or even as grave as the ultimate abomination of ‘shirk’ (associating other deities in worship with Allah)….if one sincerely repents for their sins and seeks the forgiveness of their Lord, it is expected that they would find their Lord Forgiving and Merciful.

Your Question: ….what will be the future of this baby. 

Although the baby itself will be absolutely innocent of the crime of its parents, if it was conceived out of marriage, it will be considered a child born out of ‘zina’ in the Sight of Shariah Law and a few restrictions will apply in the sight of Shariah Law:

1. The baby will be called and recognized by the name of its mother.
2. The baby will legally inherit only its mother; and the mother will inherit from its baby.
3. The baby will not be a legal heir of its biological father and thus it will neither inherit its father, nor will its father inherit from the baby.
4. Neither the baby nor its biological father in such a case would have any rights due from each other; basically the child would have no legal obligation towards its biological father, nor would the biological father have any legal obligations towards its illegitimate child.

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