Nikah of a Muslim boy and Kaafir girl that were involved in a Haraam relationship

Question:-

I would like to know what the ruling is from the Quraan and Sunnah regarding a 17 year-old female and a 19 year-old male who committed Zinah? The girl, who is Christian, is now 5 months pregnant and is willing to accept Islam. Please provide Daleel for the the different views and which should be applied in the following case.

Also, will the child be categorized as “Waladuz-Zinah” and what are the rulings for such a child?

With regards to the Nikah of the couple, what is the ruling?

Answer:-

The girl should recite the Kalimah-e-Shahaadah and enter into Islam. Once she has accepted Islam, the Nikah may be performed as required in Shariah, in the presence of two Muslim male witnesses or, one male and two female witnesses, together with the Mahr being stipulated etc. If the child is born before six months from the point of Nikah, then the child will be considered as an illegitimate child and attributed to the mother. However, if the child is born six months after the Nikah, or later, then the child will be legitimate and attributed to the father.

The child may remain with the parents after the Nikah (as normal) even if the child is an illegitimate child. However, an illegitimate child does not inherit from the father on his demise, as the lineage of the child is not attributed to him.

Finally, the boy should sincerely repent for his actions and refrain from engaging in such evil in the future.

. قال الرحمتي: ويعلم كون الحمل من زنا بولادتها قبل ستة أشهر من حين العقد (الرد المحتار ص511 ج3)

فَإِنَّ الْوَلَدَ مِنْ الزِّنَا لَا يَكُونُ ثَابِتَ النَّسَبِ مِنْ أَبِيهِ (المبسوط للسرخسي ص121 ج9)

ALLAH TA’ALA KNOWS BEST!

ANSWERED BY:

Mufti Mohammed Desai

Date: 12 Jumadal Ukhra 1444 / 05 January 2022