𝑸𝑼𝑬𝑺𝑻𝑰𝑶𝑵❓
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.
𝑨𝑵𝑺𝑾𝑬𝑹❗️
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?
وَلَا تَقْرَبُوا الزِّنَا ۖ إِنَّهُ كَانَ فَاحِشَةً وَسَاءَ سَبِيلًا ٢٣
“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.
هَلْ جَزَاءُ الْإِحْسَانِ إِلَّا الْإِحْسَانُ ٠٦
“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:
وَالَّذِينَ لَا يَدْعُونَ مَعَ اللَّهِ إِلَٰهًا آخَرَ وَلَا يَقْتُلُونَ النَّفْسَ الَّتِي حَرَّمَ اللَّهُ إِلَّا بِالْحَقِّ وَلَا يَزْنُونَ ۚ وَمَنْ يَفْعَلْ ذَٰلِكَ يَلْقَ أَثَامًا ٨٦
“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]
يُضَاعَفْ لَهُ الْعَذَابُ يَوْمَ الْقِيَامَةِ وَيَخْلُدْ فِيهِ مُهَانًا ٩٦
The torment will be doubled for him on the Day of
Resurrection, and he will abide therein in disgrace. [Suratul Furqan
69]
إِلَّا مَنْ تَابَ وَآمَنَ وَعَمِلَ عَمَلًا صَالِحًا فَأُولَٰئِكَ يُبَدِّلُ اللَّهُ سَيِّئَاتِهِمْ حَسَنَاتٍ ۗ وَكَانَ اللَّهُ غَفُورًا رَحِيمًا ٠٧
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]
وَمَنْ تَابَ وَعَمِلَ صَالِحًا فَإِنَّهُ يَتُوبُ إِلَى اللَّهِ مَتَابًا ١٧
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:
الزَّانِي لَا يَنْكِحُ إِلَّا زَانِيَةً أَوْ مُشْرِكَةً وَالزَّانِيَةُ لَا يَنْكِحُهَا إِلَّا زَانٍ أَوْ مُشْرِكٌ ۚ وَحُرِّمَ ذَٰلِكَ عَلَى الْمُؤْمِنِينَ ٣
“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:
وَالَّذِينَ لَا يَدْعُونَ مَعَ اللَّهِ إِلَٰهًا آخَرَ وَلَا يَقْتُلُونَ النَّفْسَ الَّتِي حَرَّمَ اللَّهُ إِلَّا بِالْحَقِّ وَلَا يَزْنُونَ ۚ وَمَنْ يَفْعَلْ ذَٰلِكَ يَلْقَ أَثَامًا ٨٦
“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]
يُضَاعَفْ لَهُ الْعَذَابُ يَوْمَ الْقِيَامَةِ وَيَخْلُدْ فِيهِ مُهَانًا ٩٦
The torment will be doubled for him on the Day of
Resurrection, and he will abide therein in disgrace. [Suratul Furqan
69]
إِلَّا مَنْ تَابَ وَآمَنَ وَعَمِلَ عَمَلًا صَالِحًا فَأُولَٰئِكَ يُبَدِّلُ اللَّهُ سَيِّئَاتِهِمْ حَسَنَاتٍ ۗ وَكَانَ اللَّهُ غَفُورًا رَحِيمًا ٠٧
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]
وَمَنْ تَابَ وَعَمِلَ صَالِحًا فَإِنَّهُ يَتُوبُ إِلَى اللَّهِ مَتَابًا ١٧
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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