Question
I had an affair with a guy a week to my wedding with a differentperson.Some months later I discovered that Im pregnant for thefirst guy not my husband.I had a miscarriage and later became pregantfor my husband.Uptil now nobody knew about this,at times i feel like confessing but he esitat .
My question here is please how valid is my marriageand how does this affect my child islamically?.
Answer
Praise be to Allah.
Firstly:
If this immoral action came after the marriage contract was done, even if it was before the wedding party, then this marriage of yours is valid but you have to repent from this sin that you fell into.
Ibn Qudaamah (may Allah have mercy on him) said:
If the wife of a man commits zina, or her husband commits zina, the marriage contract is not rendered invalid, whether that happens before or after consummation, according to the opinion of most of the scholars.
End quote from al-Mughni, 9/565
Secondly:
If this zina took place before the marriage contract was done, the marriage contract is not valid unless it was done after establishing that there was no pregnancy by waiting for one menstrual cycle, according to the more correct opinion.
Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) said:
Marriage to a zaaniyah (a woman who has committed fornication) is haraam until she repents, whether the one who committed zina with her is the bridegroom himself or someone else. This is the correct opinion beyond a doubt, and it is the opinion of a number of the earlier and later scholars, including Ahmad ibn Hanbal and others. Many of the earlier and later scholars were of the view that it is permissible, and this is the view of the three, but Maalik stipulated that it should be established that there is no pregnancy by waiting for one menstrual cycle, and Abu Haneefah regarded it as permissible to do the marriage contract before waiting for one menstrual cycle if she is pregnant, however if she is pregnant it is not permissible to have intercourse with her until she gives birth. Ash-Shaafa‘i regarded it as permissible to do the marriage contract and to have intercourse in all cases, because the water (semen) of the zaani has no value in sharee‘ah and the ruling is that no child is to be attributed to him. This is his justification for his opinion. Abu Haneefah differentiated between the one who is pregnant and the one who is not, because if (the husband) has intercourse with the one who is pregnant, he will be attributing to himself a child who definitely is not his, which is different from the case of one who is not pregnant. Maalik and Ahmad stipulated that it should be established that there is no pregnancy (by waiting for one menstrual cycle), which is the correct view. But Maalik and Ahmad, according to another report, stipulated that it should be established that there is no pregnancy by waiting for one menstrual cycle. The other report from Ahmad is that which is followed by many of his companions such as al-Qaadi Abu Ya‘la and his followers, which is that it is essential to wait for three menstrual cycles. However the correct view is that all that is required is to establish that there is no pregnancy (by waiting for one menstrual cycle). End quote.
Majmoo‘ al-Fataawa, 32/110
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said in ash-Sharh al-Mumti‘ (13/382): Rather the opinion narrated from Abu Bakr and a number of the Sahaabah (may Allah be pleased with them) is that there is no ‘iddah at all for the woman who committed zina, and there is no requirement to establish that there is no pregnancy, especially if she has a husband, because of the words of the Messenger (blessings and peace of Allah be upon him): “The infant is to be attributed to the husband of the woman (who gave birth to him).” Rather if a man knows that his wife has committed zina – Allah forbid – and has repented, he should have intercourse with her immediately, so that no doubt will remain in his heart in the future as to whether she became pregnant as a result of zina or not. If he has intercourse with her immediately, the child will be assumed to be from the husband and not from the zaani (adulterer).
But if the woman who committed zina (fornication) did not have a husband, it is essential to establish that there is no pregnancy by waiting for one menstrual cycle, according to the correct opinion. End quote.
Thirdly:
Because this issue is the subject of a considerable difference of opinion among the scholars, and because annulling the marriage and admitting zina after this length of time will lead to a great deal of trouble and disclosing that which Allah had concealed for you, and will expose you to turmoil, we think – and Allah knows best – that in this case you do not have to tell your husband about what happened in order to renew the marriage contract. In the other scholarly opinion mentioned above, according to which some of the scholars are of the opinion that it is not essential to establish that there is no pregnancy, there is some leeway.
This, as we have said, applies if the zina took place before the marriage contract was done and before it was established that there was no pregnancy.
As Allah has concealed you, you must also conceal yourself and do not breach the concealment of Allah. al-Bukhaari (6069) and Muslim (2990) narrated that Abu Hurayrah (may Allah be pleased with him) said: I heard the Messenger of Allah (blessings and peace of Allah be upon him) say: “All of my ummah will be fine except those who commit sin openly, and it is part of committing sin openly for a man to do something at night, then in the morning when his Lord has concealed him he says: O So and so, I did such and such last night, when his Lord had concealed him all night, but in the morning he discloses that which Allaah had concealed for him.”
And Muslim (2590) narrated from Abu Hurayrah (may Allah be pleased with him) that the Prophet (blessings and peace of Allah be upon him) said: “Allaah does not conceal a person in this world but Allaah will conceal him on the Day of Resurrection.”
Al-Bayhaqi (18056) narrated from Ibn ‘Umar that the Messenger of Allah (blessings and peace of Allah be upon him) said, after the stoning of al-Aslami: “Avoid this filth that Allah has forbidden, and whoever falls into it, let him conceal himself with the concealment of Allah, may He be glorified and exalted.”
Classed as saheeh by al-Albaani in as-Saheehah (663).
Fourthly:
Your son is a legitimate son of your husband, and there is no problem concerning him, in sha Allah.
With regard to the foetus whom you aborted, if that happened before the soul was breathed into him – i.e., before four months – then there is no expiation or diyah required for him. However you are required to repent, feel regret and pray for forgiveness.
If that happened after four months, then you have to pay the diyah and offer expiation.
The diyah is to free a male or female slave; if that is not possible then you must pay the equivalent, which is five camels.
With regard to the expiation, it is to free a slave. If that is not possible, then you must fast for two consecutive months.
See also the answer to question no. 106448
And Allah knows best.
FAQs
What is the punishment for zina after marriage? ›
The main category of such crimes is zina, defined as any act of illicit sexual intercourse between a man and woman. The punishment for zina is the same for men and women: 100 lashes for the unmarried and death by stoning for the married; however, instances of these punishments are rarely documented in history.
Can we do Zina after marriage? ›As for those who are married and have weakened their Imaan to such a level that they get involved in Zina even after the presence of their spouses, then Allah has subjected death penalty for a married adulterer.
Is it allowed to marry a pregnant woman in Islam? ›In the view of Islamic law marriage is pregnant outside of marriage is unlawful, in accordance with the Qur'an the letter Al-Isra which explains the prohibition of approaching adultery, but if studied according to the Compilation of Islamic Law (KHI), pregnant marriage outside marriage is permitted, as long as the ...
What is Zina before marriage? ›Inclusions in the definition. Zina encompasses any sexual intercourse except that between husband and wife. It includes both extramarital sex and premarital sex, and is often translated as "fornication" in English.
What is the punishment in Islam for zina? ›1 The punishment for zina is the same for men and women: one hundred lashes for the unmarried, and death by stoning for the married – though instances of these punishments are rarely documented in history.
What is the penalty of zina? ›26 Thus, the punishment for zina according to the Qur'an (chapter 24) is 100 hundred lashes for the unmarried male and female who commit fornication, together with the punishment prescribed by the Sunnah for the married male and female, i.e., stoning to death.
What Islam says about zina? ›In modern language, Zina is equal to adultery. Zina in Islam? In Surat-ul-Furqan, Allah has talked about numerous qualities which He considers necessary for His true believers. In the same Surah, Allah mentions that Zina, shirk, and homicide are the most grievous sins that a person should stay away from.
What does zina mean in Islam? ›Zina is an Islamic legal term, meaning illicit sexual relations, that can be found in the Koran and the hadith (the collected words and acts of the Prophet Muhammad). Muslim empires like the Ottomans, the Mughals and the Safavids defined zina in different ways. But it usually refers to adultery and extramarital sex.
What are the major sins in Islam? ›- Shirk (associating partners with Allah);
- Committing murder (taking away someone's life);
- theft.
- Consuming the property of an orphan placed in one's care.
- Leaving off the five daily prayers (Salah)
- Not paying the minimum amount of Zakat when the person is required to do so;
According to Islamic laws, a pregnant woman can get a divorce. However, she will not be fully divorced until the child is delivered as the baby was conceived during a legal marriage. In this situation, until the baby is born the mother cannot re-marry until 180 days after the child is born.
How do I repent after zina? ›
How to repent from Adultery - Omar Suleiman - YouTube
Who are you not allowed to marry in Islam? ›Historically, in Islamic culture and traditional Islamic law Muslim women have been forbidden from marrying Christian or Jewish men, whereas Muslim men have been permitted to marry Christian or Jewish women. It is lawful for Muslim men to marry Jewish or Christian women but not a polytheist woman (Quran 5:5).
What is the most unforgivable sin in Islam? ›The Qur'an considers shirk as a sin that will not be forgiven if a person dies without repenting of it.
Do Allah forgive all sins? ›Despair not of the Mercy of Allah: for Allah forgives all sins: for He is Oft-Forgiving, Most Merciful. Again, God says to the believers in a Hadith Qudsi: "O son of Adam, so long as you call upon Me, and ask of Me, I shall forgive you for what you have done, and I shall not mind.
Can a husband divorce his wife while pregnant? ›Can You Get a Divorce While Pregnant? In California, the divorce process can be started while the wife is pregnant, but the divorce cannot be finalized until after the child is born. Paternity must also be established before the courts will grant the final divorce decree.
When can a man divorce his wife in Islam? ›According to sharia law, there are two reasons a wife may he granted divorce: When she can prove that the husband did not have intercourse with her or more than three months or if the husband does not provide her with what she needs for living such as food and shelter.
What alimony means? ›Alimony refers to the financial assistance and monetary support provided by one spouse to another after a marriage ends in divorce. Oftentimes, the receiving spouse must be unable to support themselves without the help of their ex-spouse.
How do you get rid of zina in Islam? ›How can one forget that praying with the tongue and the heart is the greatest protection against Zina. “Recite what has been revealed to you of the Book, and establish prayer. Indeed, prayer prevents from depravity and wrongdoing; and the remembrance of Allah is greater. Allah knows that which you do.”
What is the Dua for forgiveness of sin? ›Allah the Almighty said: O' son of Adam, so long as you call upon Me and ask of Me, I shall forgive you for what you have done, and I shall not mind. O son of Adam, were your sins to reach the clouds of the sky and were you then to ask forgiveness of Me, I would forgive you.
What is the difference between zina and adultery? ›Zina is an Islamic legal term, meaning illicit sexual relations, that can be found in the Koran and the hadith (the collected words and acts of the Prophet Muhammad). Muslim empires like the Ottomans, the Mughals and the Safavids defined zina in different ways. But it usually refers to adultery and extramarital sex.
What Islam says about zina? ›
In modern language, Zina is equal to adultery. Zina in Islam? In Surat-ul-Furqan, Allah has talked about numerous qualities which He considers necessary for His true believers. In the same Surah, Allah mentions that Zina, shirk, and homicide are the most grievous sins that a person should stay away from.
Should I tell my fiance that I am not a virgin Islam? ›You don't have a right to ask him and he shouldn't tell you. It'll cause fitnah and if you don't care if he's a virgin then you shouldn't ask him. There is no reason to ask him. It's not 'knowing who you are with', your sins don't define you.
What are the major sins in Islam? ›- Shirk (associating partners with Allah);
- Committing murder (taking away someone's life);
- theft.
- Consuming the property of an orphan placed in one's care.
- Leaving off the five daily prayers (Salah)
- Not paying the minimum amount of Zakat when the person is required to do so;
Virginity still seems to be a big deal when it comes to marriage. No matter how modern people claim to be, they still want a virgin while getting married. Suparna Gupta, an architect confesses, “I have been in an intense relationship in my past, because of his family issues we couldn't take it forward.
Should I ask my wife about her past? ›But it's always a good idea to think twice before asking your partner certain questions about their past — especially regarding exes — because it can easily have a negative impact on your relationship. If you feel comfortable chatting about the past, that's great.
Should I tell my partner about my virginity? ›ANSWER BY RACHNA KOTHARI: You need not explicitly clarify anything if he doesn't ask you. However, if he broaches the subject or if it comes up in conversation, you can tell him the truth; there's no reason for you to pretend or lie. If you are worried he might get put off, then play it accordingly.
What is the most unforgivable sin in Islam? ›The Qur'an considers shirk as a sin that will not be forgiven if a person dies without repenting of it.
Do Allah forgive all sins? ›Despair not of the Mercy of Allah: for Allah forgives all sins: for He is Oft-Forgiving, Most Merciful. Again, God says to the believers in a Hadith Qudsi: "O son of Adam, so long as you call upon Me, and ask of Me, I shall forgive you for what you have done, and I shall not mind.