بســـم اللــه الرحــمــن الـرحـــيــم
▪️A man had extramarital relations with a woman which resulted in a child, can he now marry her?▪️
Our Shaykh, Muhammad ibn Hizaam – may Allaah preserve him- was asked the following question:
He says: A man committed Zinaa, and the woman with whom he committed Zinaa gave birth to a son. Can he now marry her?
If they have both repented from this, the best thing would be to conceal the matter. So it’s best he marries her, along with seeking repentance and forgiveness.
As for the child, then if he is sure this child belongs to him and that no one else committed Zinaa with the woman (in that same period), he is allowed to attribute the child to himself – based on the strongest scholarly view; this was the opinion chosen by Sheikhul Islam and Ibnul Qayyim (may Allaah have mercy on them both).
As for the hadeeth in which the Prophet ﷺ said:
‘The child is attributed to the (owner of the) bed (i.e. belongs to the husband) and the fornicator is to be stoned!’
[Narrated by Abu Hurraira, reported by Bukhari]
This applies if another man claims to be the child’s father, in which case ‘the child is attributed to the (owner of the) bed’, i.e. If the husband of an adulteress claims the child belongs to him, he has more right to the child than the man she committed adultery with. But if there’s no dispute and the woman did not fornicate with more than one man in the same period, then the child is attributed to him (the fornicator).
Abu Ishaq Muhammad Ibn Ahmad Ba Alawi
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