Fathwa, - A non-Muslim woman wants to divorce her Muslim husband

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Question
How can a woman who is married to a Muslim )and she is not Muslim( get a divorce?
Answer
Praise be to Allah, the Lord of the Worlds; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.
It is not permissible for a Muslim to marry a non-Muslim, except if she is among the People of the Book, i.e. a Christian or a Jew. For this marriage to be valid, the woman has to be chaste; the evidence is the Saying of Allah: }Made lawful to you this day are At­Tayyibât ]all kinds of Halâl )lawful( foods, which Allâh has made lawful )meat of slaughtered eatable animals, etc., milk products, fats, vegetables and fruits, etc.(. The food )slaughtered cattle, eatable animals, etc.( of the people of the Scripture )Jews and Christians( is lawful to you and yours is lawful to them. )Lawful to you in marriage( are chaste women from the believers and chaste women from those who were given the Scripture )Jews and Christians( before your time,…{]5:5[.
Therefore, if the said woman is a Christian or a Jew, then the marriage is correct, and the rulings about marriage apply to them. If for instance she hates her husband and the social relations between them had become impossible, then she can ask for divorce from him, if he accepts then there is no problem. However, if he refuses, she can suggest giving him an amount of money in exchange of him divorcing her. If she is harmed by staying with him, then she can take the matter the Islamic courts, which can grant the divorce on his behalf. However, if the woman is an atheist or upon any kind of disbelief, then it is not valid for a Muslim to marry her in the first place and she does not need a divorce to be separated from him. If your marriage is in the last category and it is registered in the legal system then you can seek redress through the courts, because Islam does not recognize such a marriage.
Allah knows best.








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Dought & clear, - She committed zina and got pregnant from a stranger. What should she do?

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There is a married woman who was in a love relationship with a young man before she got married. When she got married she continued this haraam relationship without her husband knowing, until she committed immoral actions with him and got pregnant from him. But she has turned back to Allah and repented, and she is saying: Can she repent? What should she do with the foetus that is in her womb? If she tells her husband then her fate is sealed, namely divorce, and there could be a huge problem if this matter becomes known among her family and her husband’s family. But if I hide this matter from my husband and family, then the child will be illegitimate and that will affect many rulings concerning spending, being alone with the child, ties of kinship, etc.
I hope that you can help me with regard to this matter, for I am very worried and anxious, but now I am repenting and I regret what I did.
Praise be to Allaah.
Firstly:
Undoubtedly what you have done, committing zina (adultery) when you were married, is a major sin. Because zina is a major sin, it is a serious matter when committed by those who are married. Hence the punishment for the unmarried person who commits zina is one hundred lashes, and the punishment for the married person whose marriage was consummated is stoning to death.
Secondly:
Although the sin that you have committed is so abhorrent to those who have a sound human nature and common sense, it does not mean that you cannot repent. Allaah rejoices over the repentance of sinners and accepts it from them.
Allaah says (interpretation of the meaning):
“Say: O ‘Ibaadi (My slaves) who have transgressed against themselves (by committing evil deeds and sins)! Despair not of the Mercy of Allaah, verily, Allaah forgives all sins. Truly, He is Oft‑Forgiving, Most Merciful”
[al-Zumar 39:53]
Ibn Katheer (may Allaah have mercy on him) said:
This verse is a call to all sinners, kaafirs and others, to repent and turn to Allaah. It tells us that Allaah forgives all sins for the one who repents from them and gives them up, no matter what they are, and even if they are as many as the foam of the sea. End quote.
Tafseer Ibn Katheer(7/106).
We hope that your repentance is sincere, and includes regret for what you have done, and resolve not to commit the sin again after repenting.
Thirdly:
As for whom the child is to be attributed to – he is to be attributed to your husband if he had consummated the marriage with you, because the Prophet (peace and blessings of Allaah be upon him) said: “The child is for the bed,” meaning that if a woman has gotten married to a man by means of the marriage contract and he has consummated the marriage with her, if she produces a child, then the child is to be attributed to her husband.
Shaykh Ibn Baaz (may Allaah have mercy on him) was asked about a married woman who had three children, and she became pregnant with a fourth child as the result of zina. Is it permissible for her to abort the foetus, or should she keep it? If she keeps it, should she tell her husband or not? And what should the husband do in this case?
He replied: It is not permissible for her to abort the foetus. What she has to do is repent to Allaah and not disclose this matter. The child belongs to her husband, because the Prophet (peace and blessings of Allaah be upon him) said: “The child belongs to the (marital) bed, and the adulterer gets nothing.” May Allaah set all our affairs straight. End quote.
Fataawa al-Shaykh Ibn Baaz(21/205).
This is the ruling stated in fatwas by the Standing Committee for Issuing Fatwas.
And Allaah knows best.








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Dought & clear, - She is not sure that she isreally her father’s child

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What is my destiny, to paradise or hell if I was a daughter of adultery and I was just written in the name of the man I live with as father? What shall I do? Shall I expose this reality and go to detention? Or just stay silent and conceal my family’s secret? How shall I live with a brother who is not from the same father? May Allah forgive my mother, she destroyed me. I am a religious girl, Alhamdulillah. Do not suppose this is untrue and ask for a proof that I am not his daughter, because there is strong resemblance between me and the man whom my mother committed adultery with. Help me, what shall I do?
Praise be to Allaah.
Firstly:
The child of adultery is not responsible for the crime committed by his mother, and he is not to be taken to task for it, rather he is responsible for his own actions. If he is righteous and obedient then he will be one of the people of Paradise, and if he is a disobedient evildoer then he will deserve to enter Hell. So in this regard he is like all other people, and there is no difference between him and them.
Secondly:
If a woman has a husband and she bears a child who could be from that husband (in that he is born after six months of marriage), then this child should be attributed to her husband according to sharee’ah, and it is not permissible to deny that he belongs to him, unless the husband himself denies it and engages in li’aan with his wife to that effect.
The evidence for that is the report narrated by al-Bukhaari (2053) and Muslim (1457) which says that Sa’d ibn Abi Waqqaas and ‘Abd ibn Zam’ah disputed concerning a slave belonging to Zam’ah. Sa’d said: O Messenger of Allaah, this is the son of my brother, ‘Utbah ibn Abi Waqqaas, who asked me to take care of him because he is his son. ‘Abd ibn Zam’ah said: This is my brother, O Messenger of Allaah, the son of my father’s slave woman who was born in my father’s bed. The Messenger of Allaah (S) saw a clear resemblance to ‘Utbah. But he said: “He is yours, O ‘Abd ibn Zam’ah. The child is for the (owner of the) bed.” Then he said to Sawdah bint Zam’ah, who was one of the Mothers of the Believers (may Allaah be pleased with them): “Observe hijab from him, O Sawdah.”
If the child was born in the marital bed, he is to be attributed to the husband, and he cannot be regarded as not being his child except by means of li’aan, where the husband engages in li’aan with his wife and denies that the child is his, in which case physical resemblance is of no significance. It is clear from the hadeeth quoted above that the child concerning whom there was a dispute bore a clear resemblance to the zaani, ‘Utbah ibn Abi Waqqaas. This case of zina had taken place during the Jaahiliyyah (i.e., before Islam), and Sa’d wanted to attribute the slave to his brother who had left instructions to that effect (before he died), but the Prophet (peace and blessings of Allaah be upon him) ruled that the child belonged to the marital bed and attributed him to Zam’ah, who was the master of the slave woman. But in order to be on the safe side, he told Sawdah bint Zam’ah to observe hijab before this brother of hers.
So in this case there was both an admission of zina and a clear resemblance (to the zaani), but despite that the Prophet (peace and blessings of Allaah be upon him) affirmed that the child was to be attributed to the owner of the marital bed. This is because sharee’ah takes a cautious view in order to protect lineages and is keen to conceal sins, for the lineage is the child’s right.
Al-Nawawi (may Allaah have mercy on him) said inSharh Muslim: With regard to the words of the Prophet (peace and blessings of Allaah be upon him), “Observe hijab from him, O Sawdah”, he told her to do that so as to be on the safe side, because he appeared to be her brother in shar’i terms, because he was attributed to her father, but when he saw that he clearly resembled ‘Utbah ibn Abi Waqqaas, he was afraid that he may have been his child, in which case he would be a stranger (non-mahram) to her, so he told her to observe hijab before him in order to be on the safe side.
Al-Qaadi ‘Iyaad (may Allaah have mercy on him) said: The custom during the Jaahiliyyah was to name children after the zaani. They used to hire slave woman for zina, and whoever the mother said that the child belonged to, they would name him after him. Then Islam came and abolished that, and ruled that the child belonged to the legitimate marriage bed. When ‘Abd ibn Zam’ah and Sa’d ibn Abi Waqqaas disputed, Sa’d did what his brother ‘Utbah ibn Abi Waqqaas had asked him to do, in accordance with the custom of Jaahiliyyah, and Sa’d was not aware that this had been abolished in Islam. The child’s paternity had not been stated during the Jaahiliyyah, either because there was no claim or because the mother did not acknowledge that he was ‘Utbah’s child. ‘Abd ibn Zam’ah claimed that he had been born on his father’s bed, so the Prophet (peace and blessings of Allaah be upon him) ruled in his favour. End quote.
Ibn Qudaamah (may Allaah have mercy on him) said: They were unanimously agreed that if a child is born on one man’s bed and another man claims him, he should not be named after him. End quote fromal-Mughni(6/228).
Based on that, if you were born six months or more after your father married your mother, then you should be named after your father, and your lineage cannot be denied except by means of li’aan. You have no need to have doubts about your mother or think badly of her because you resemble someone else, because people may resemble one another without there being any zina.
Whatever the case, resemblance to the zaani or the woman’s admission of zina does not mean that the child cannot be attributed to the husband, unless the husband engages in li’aan. See the answer to question no. 33615for information on li’aan and its consequences.
What you should do is ignore this matter and stop thinking about it, and pay attention to doing righteous deeds and adhering to this religion properly.
We ask Allaah to guide you and help you to do that which He has permitted and that which pleases Him.
And Allaah knows best.







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