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Sunday, March 30, 2014

Dought & clear, - Family Wants Abortion Because Pregnancy Dueto Zina



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I have a sister and she’s pregnant before marriage.
My family is aware of the fact that abortion isn’t allowed unless the mother’s life is in danger,but the situation is really hard.
The boy who got her pregnant isn't going to be there for her. His family does not want to do anything with this child. His brother made my mother cry; my mum suggested they get married but in return he replied "if in this dunya I can go without people knowing my brother is a father before marriage, and no one speaks of this and we have our respect then that's fine by me. I can go to hell, whatever. But if in this life I live well and my family, then we don't care" My parents are struggling financially with our family as it is, and if my sister keeps this baby it'll be a struggle to them. I can see how much this is tearing them apart inside.
They do not know what to do; they advised her to have an abortion although they feel as if they don't know what to do. They spoke to a local imam and he told them the ruling on abortion. My sister wants to keep the child. Only hoping that the boy will return to her.
Now, even though my parents are being very considerate toward her, she treats them like rubbish.
I don't know what to do.
She plans to be on the list of homeless and have the child. But she wants to move out without my mother and father being aware of it.
Please tell me what to do.
Praise be to Allaah.
Firstly:
Your sister, you and your family should have paid attention to what your sister committed of sin, and should have instructed her to repent sincerely to Allah, may He be glorified and exalted, so as to cleanse herself of the taint of disobedience and zina (fornication) into which she has fallen with this evil young man or anyone else. And you should have cut off all the means that lead to this sin, and made her wear hijab, and prevented her from being alone with men or mixing with them, or doing anything else that leads to this evil action. So strive to keep him away from her and keep her away from him by all possible means.
Then after that, you have to think about this child and the future of your sister. All of this is the consequences of disobedience and sin; the sinner has to bear this burden and shame in this world, so how about the punishment that is with Allah?
One of the wise men said: If you get tired of doing righteous deeds, the tiredness will disappear but the righteous deeds will remain. But if you enjoy committing sin, the pleasure will disappear but the sin will remain!
Secondly:
What your sister is trying to do of protecting the foetus is what she has to do and what you all have to do, not only in the hope that this evildoer will come back to her, because it does not seem that he wants to repent or that he wants to marry her in a legitimate, shar‘i (legal) way after fulfilling his desires with her in a haraam (unlawful) way. Rather you have to protect the foetus lest you try to deal with one crime by means of another and you harm a soul that has not done anything wrong, because the sin is on those who committed zina in the first place, then wanted to harm this soul, either by killing it or by neglecting it and leaving it in the street or putting it in an orphanage, as some people do. Allah knows best about what would happen to it, but it is most likely that it would be brought up in a kaafir (non-Muslim) orphanage or it would be raised by a kaafir family, whether Jewish or Christian or of some other religion, and it would follow them in their Judaism or Christianity or whatever religion they follow. This is the worst and most abhorrent crime against this soul, and it is worse than killing it, Allah forbid.
See also the answers to questions no. 13331and 117.
With regard to this person saying that he is prepared to go to Hell and he does not care about that, these are words that cannot be spoken by someone who believes in Allah and the Last Day, and who fears the meeting with his Lord. Allah will take care of him. Let the wise man look and learn a lesson, how people are deceived by this world and its people and how they dare to throw themselves into the Fire of Hell, and they do not care. May Allah the Most Generous keep us safe by His grace and bounty.
In such circumstances the parents should continue showing kindness and taking care of your sister, whilst calling her to repent and mend her ways, and they should try to prevent her leaving the house or running away from home, lest that make matters worse.
We ask Allah to bestow His kindness upon you and set your affairs straight.
And Allah knows best.








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Dought & clear, - Who is the guardian of anillegitimate daughter when it comes to her getting married?















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A muslim man and woman had an affair and had an illegitamate child from that affair. The married woman took the child into her house and remained married to her husband. It was decided that the biological father would provide for his daughter and that she would live in the house of her mother and her mothers husband. The biological father became a very religious man and it is almost 20 years after this incident. She now lives in a house with her mother, her mother's husband and her older half-brother and half-sister.
Who is the wali of this girl? The biological father who provided for her for 20 years, the step-father, or her older half-brother who also lives with them?.
Praise be to Allaah.
Firstly:
The scholars (may Allah have mercy on them) differed concerning the illegitimate child. Is he to be attributed to his zaani father or not? There are two opinions, which have been discussed in the answers to questions no. 33591 and 85043. The more correct view is that he should be attributed only to his mother and that he should not be attributed to the zaani.
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said inFataawa Islamiyyah(3/370): “With regard to the child who is born as a result of zina, he is the child of his mother, not of his father, because of the general meaning of the hadeeth in which the Prophet (peace and blessings of Allaah be upon him) said: ‘The child is to be attributed to the husband and the adulterer deserves nothing’ – i.e., this is not his child. This is what the hadeeth means. If the man marries her after repenting, then the child has been conceived before marriage and repentance and is not his child; he cannot inherit from the man who committed zina even if he claims him as his child, because he is not his legitimate child.” End quote.
Secondly:
Once it is established that the illegitimate child is not to be attributed to the zaani, then he has no ‘asbah [male relatives on the father's side].
It says inAsna’l-Mataalib(13/288): The illegitimate child has no ‘asbah because he is not attributed to the father. End quote fromTarqeem al-Shaamilah.
Some of the scholars are of the view that his ‘asbah with regard to inheritance is his mother, or his mother’s ‘asbah [male relatives on her father’s side]. With regard to guardianship for marriage and other matters, he has no ‘asbah.
It says inal-Iqnaa‘(4/505): The ‘asbah of the illegitimate child is the ‘asbah of his mother with regard to inheritance only. … But they have no guardianship authority with regard to marriage or other matters. End quote.
Based on that, this girl does not have any guardian on the basis of blood ties, so her guardian is the Muslim ruler, because the Prophet (blessings and peace of Allah be upon him) said: “The ruler is the guardian of the one who has no guardian.” Narrated by Abu Dawood (2083) and al-Tirmidhi (1102); classed as saheeh by al-Albaani inSaheeh Abi Dawood.
If you are in a country where there is no Muslim ruler, then her guardian is the director of the Islamic Centre in her country; if there is no such person then it is the imam of the mosque.
And Allah knows best.








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Dought & clear, - Marriage after a haraam relationship in which there was no zina















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A man and a woman repented from an unlawful sexual relationship, but they continued to kiss and embrace, but without a sexual relationship, then they got married after that. Is this marriage permissible?.
Praise be to Allaah.
Firstly:
A relationship between a man and a woman outside of marriage, which is what is called an unlawful relationship, is haraam, regardless of the level of this relationship and whether it goes as far as an intimate relationship or zina (sexual relationship), which is the most reprehensible and abhorrent type of sins and one of the gravest of major sins that poses the greatest danger to the individual’s religious commitment and faith, or it is less than that, such as looking, touching or kissing. All of that is haraam and these are types of zina in the general sense, and are things that lead to the greater immoral action.
See the answers to questions no. 27259, 23349and 9465.
Secondly:
If marriage takes place after a haraam relationship between a man and woman, then one of the following scenarios must apply:
1.
Either that marriage comes after an illegitimate sexual relationship, in which case the marriage is not valid except on the condition that both the man and woman repent from zina and it be established that the woman is not pregnant as a result of the haraam relationship, because Allah, may He be exalted, says (interpretation of the meaning):“The adulterer/fornicator marries not but an adulteress/fornicatress or a Mushrikah; and the adulteress/fornicatress, none marries her except an adulterer/fornicater or a Mushrik [and that means that the man who agrees to marry (have a sexual relation with) a Mushrikah (female polytheist, pagan or idolatress) or a prostitute, then surely, he is either an adulterer/fornicator, or a Mushrik (polytheist, pagan or idolater). And the woman who agrees to marry (have a sexual relation with) a Mushrik (polytheist, pagan or idolater) or an adulterer/fornicator, then she is either a prostitute or a Mushrikah (female polytheist, pagan, or idolatress)]. Such a thing is forbidden to the believers (of Islâmic Monotheism)” [al-Noor 24:3].
For more information please see the answer to questions no. 85335and 11195.
2.
That marriage comes after a haraam relationship, but the relationship did not go as far as zina, such as kissing, touching and other haraam actions that are less serious than zina. In this case the marriage is valid, because it cannot be said of those who fell into this haraam relationship that they committed zina.
And Allah knows best.








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