There’s a sister who has committed zina (adultery) many years ago and got pregnant with a boy. Her and the man she committed zina with got married with the permission of her father. She has regretted that act she committed and repented many times. And it hurts her deeply when she remembers the zina she has done. Alhumdulillah the sister is practising her deen now, and she heard it is not permissible to marry a zaani unless she has repented before the marriage happens. She has repented many times but now she is in doubt if she has repented before marriage. She has been married to this man for 8 years now, and she wants to know if her marriage to him is valid. She read online that the marriage is not valid because both of them needed to repent before the marriage contract. So now that she is in doubt about repenting before the marriage, is this marriage that she was in for many years considered invalid?
The first waajib upon them is tawbah (repentance). Secondly, they should not do the marriage contract until her womb is cleared. Meaning after she has her period and it is certain that there’s nothing in her womb, then she can do the contract and get married. So this contract is invalid, and they must renew it. Thirdly, the newborn that came as a result of zinaa is not considered a legitimate child and he’s not to be attributed to this man; Rather he is a stranger to him. Fourthly, the children that are born after this (invalid) contract are considered legitimate because their marriage is considered a doubtful marriage. So what is sought from them is the renewal of the marriage contract. And Allaah knows best.
And with consideration to the baby who was born before the contract, then he’s to be attributed to the mother and not to the man she had zinaa with. And as for the children who come after the contract, then they’re considered legitimate and they are to be attributed to their father and mother. And it is sought for them to renew the contract.
Answered by: Shaikh Abu Abdillah Muhammad Ba Jamaal (May Allah preserve him)
Translated by: Umm Yusuf bint Abi Bakr