Committed Zina and Impregnated a Woman Who Wants to Become Muslim but He Does Not Wish to Marry Her
Fatwa No: 422161

Question

As salaamu alaykum.
I made the disgusting mistake of committing fornication with a female who is not Muslim but she is in the process of taking her shahadah. I have repented sincerely and taken action to prevent this from happening again. I have come to learn that there may be a possibility that she may be pregnant and I’m honestly in such a dark place. I’m constantly praying to Allah to make this not the case but I fear it would be. In all honesty I don’t want to marry her. In fact the very remembrance of the sin I took part in disgusts me from ever going near the situation. I don’t know what to do. Abortion is not an option as that is haram. Please help.

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad is His slave and Messenger.

You did the right thing by repenting of Zina (fornication); may Allah accept your repentance, forgive your sin, and bless you with steadfastness on the path of righteousness. It is incumbent on you to beware of whatever may lead you to Zina, such as looking at what is forbidden for you to look at, being alone and intermixing with the opposite sex, and so on. Allah, The Exalted, Says (what means): {And do not approach unlawful sexual intercourse. Indeed, it is ever an immorality and is evil as a way.} [Quran 17:32] Tafseer Ibn Katheer reads: “Allah, The Exalted, forbidding His servants from committing Zina or even approaching it and doing whatever may lead to it, Says, (what means): {And do not approach unlawful sexual intercourse. Indeed, it is ever an immorality…}” [End of quote]

If this woman embraced Islam and proved to be a good Muslim, then embracing Islam wipes out all past sins. If she adhered to the path of righteousness and displayed religious commitment, and you could marry her, then this is a good deed for which you will be rewarded if you hold the intention of guarding her chastity thereby. However, according to the opinion of the majority of jurists, it is impermissible for you to marry her before she gives birth, and this baby is not attributed to you and is rather attributed to her only. Some jurists held that the baby may be attributed to you if you claim paternity and wish to attribute it to yourself. There is nothing wrong if you do not wish to marry her; you are not obliged to do so.

If she does not embrace Islam and retains her religion, then it is prohibited for a Muslim to marry a disbelieving woman unless she is from the People of the Book (Christian or Jew) and provided that she is chaste, i.e. she is not a fornicator.

Allah Knows best.

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