Dought & clear, - They committed zina and got married beforethey repented; do they have to do a new marriage contract?

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- - A young Muslim man got married three years ago to a girl who only embraced Islam a week before the wedding, and now they have a child and she is six months pregnant with their second child. But before they got married they were in a haraam relationship and they committed immoral actions several times. Now it seems to them, after reading a fatwa, that their marriage is invalid and that it must be annulled as they did not repent before marriage. In fact they only repented after marriage.
What should they do now? Do they have to annul their marriage now and then repeat it without any need for ‘iddah? Does this mean that their children are the result of haraam and immoral actions (are they illegitimate)? Do they come under the ruling on zaanis (fornicators) for the duration of their marriage? Is annulment a straightforward procedure, or is it a lengthy process like talaaq (divorce)? Can they be excused because of their ignorance? All they want to do is live a clean married life that is pleasing to Allah, may He be blessed and exalted. Please note that the girl got her period once before they got married and the young man did not have intercourse with her after that until after they got married; that is, he wanted to make sure that she was not pregnant before marriage. Allah knows that they did not know that repentance is stipulated as a condition of marriage being valid, otherwise they would not have hesitated to repent straightaway at that time. What about the children, do they not deserve some consideration in this situation? Can they stay together for the sake of the children only, without any sexual intimacy? I tried to find out about the matter as much as I could so that all aspects of it would be clear, because they found two contradicting opinions that only increased their confusion, and they do not know which way to proceed. They do not want to live in haraam and they hope that you can explain with detailed evidence.
Praise be to Allah.
Firstly:
It is not permissible for the zaani (fornicator or adulterer) to marry the zaaniyah (fornicatress or adulteress) except after repenting because Allah, may He be exalted, says (interpretation of the meaning):
“The adulterer marries not but an adulteress or a Mushrikah and the adulteress none marries her except an adulterer or a Muskrik. Such a thing is forbidden to the believers (of Islamic Monotheism)”
[an-Noor 24:3].
Repentance is achieved by regretting (what one has done) and resolving not to go back to the sin. This may have happened in the case asked about here, hence they gave up zina and wanted to live a clean life that is pleasing to Allah, as you say, and they wanted to be on the safe side by making sure that she was not pregnant as a result of something haraam.
The fuqaha’ differed concerning the validity of a marriage between two who committed zina, if the marriage was done before they repented. The majority are of the view that it is valid, but the Hanbalis are of the view that it is not valid, and this is the more correct view. See question no. 85335
What is required in that case is to repeat the marriage contract. The matter does not require a talaaq (divorce); rather it is a repeat of the marriage contract, in which the woman’s wali (guardian) may be her Muslim father, brother or any other male relative on the father’s side, so long as he is Muslim. If she has no male Muslim relatives, then the imam of the Islamic Centre may act as her guardian for the purpose of marriage, in the presence of two Muslim witnesses.
It is not essential to tell the one who does the marriage contract of the details of the situation; it is possible to use double entendres and to say that they want to repeat the marriage contract because of some uncertainty about its validity, because they got married without a wali, or for some other appropriate reason, or because it was done in another city or country, and so on, because the Muslim is enjoined to conceal his faults and mistakes.
Secondly:
The children who were born under the previous marriage contract should be attributed to the husband, because they were born in a marriage that both spouses believed to be valid.
And Allah knows best.







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Dought & clear, - She committed zina before herwedding and got pregnant, then had a miscarriage. Is her marriage valid?

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- - I had an affair with a guy a week to my wedding with a different person.Some months later I discovered that Im pregnant for the first guy not my husband.I had a miscarriage and later became pregant for my husband.Uptil now nobody knew about this,at times i feel like confessing but he esitat .
My question here is please how valid is my marriage and how does this affect my child islamically?.
Praise be to Allaah.
Firstly:
If this immoral action came after the marriage contract was done, even if it was before the wedding party, then this marriage of yours is valid but you have to repent from this sin that you fell into.
Ibn Qudaamah (may Allah have mercy on him) said:
If the wife of a man commits zina, or her husband commits zina, the marriage contract is not rendered invalid, whether that happens before or after consummation, according to the opinion of most of the scholars.
End quote fromal-Mughni, 9/565
Secondly:
If this zina took place before the marriage contract was done, the marriage contract is not valid unless it was done after establishing that there was no pregnancy by waiting for one menstrual cycle, according to the more correct opinion.
Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) said:
Marriage to a zaaniyah (a woman who has committed fornication) is haraam until she repents, whether the one who committed zina with her is the bridegroom himself or someone else. This is the correct opinion beyond a doubt, and it is the opinion of a number of the earlier and later scholars, including Ahmad ibn Hanbal and others. Many of the earlier and later scholars were of the view that it is permissible, and this is the view of the three, but Maalik stipulated that it should be established that there is no pregnancy by waiting for one menstrual cycle, and Abu Haneefah regarded it as permissible to do the marriage contract before waiting for one menstrual cycle if she is pregnant, however if she is pregnant it is not permissible to have intercourse with her until she gives birth. Ash-Shaafa‘i regarded it as permissible to do the marriage contract and to have intercourse in all cases, because the water (semen) of the zaani has no value in sharee‘ah and the ruling is that no child is to be attributed to him. This is his justification for his opinion. Abu Haneefah differentiated between the one who is pregnant and the one who is not, because if (the husband) has intercourse with the one who is pregnant, he will be attributing to himself a child who definitely is not his, which is different from the case of one who is not pregnant. Maalik and Ahmad stipulated that it should be established that there is no pregnancy (by waiting for one menstrual cycle), which is the correct view. But Maalik and Ahmad, according to another report, stipulated that it should be established that there is no pregnancy by waiting for one menstrual cycle. The other report from Ahmad is that which is followed by many of his companions such as al-Qaadi Abu Ya‘la and his followers, which is that it is essential to wait for three menstrual cycles. However the correct view is that all that is required is to establish that there is no pregnancy (by waiting for one menstrual cycle). End quote.
Majmoo‘ al-Fataawa, 32/110
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said inash-Sharh al-Mumti‘(13/382): Rather the opinion narrated from Abu Bakr and a number of the Sahaabah (may Allah be pleased with them) is that there is no ‘iddah at all for the woman who committed zina, and there is no requirement to establish that there is no pregnancy, especially if she has a husband, because of the words of the Messenger (blessings and peace of Allah be upon him): “The infant is to be attributed to the husband of the woman (who gave birth to him).” Rather if a man knows that his wife has committed zina – Allah forbid – and has repented, he should have intercourse with her immediately, so that no doubt will remain in his heart in the future as to whether she became pregnant as a result of zina or not. If he has intercourse with her immediately, the child will be assumed to be from the husband and not from the zaani (adulterer).
But if the woman who committed zina (fornication) did not have a husband, it is essential to establish that there is no pregnancy by waiting for one menstrual cycle, according to the correct opinion. End quote.
Thirdly:
Because this issue is the subject of a considerable difference of opinion among the scholars, and because annulling the marriage and admitting zina after this length of time will lead to a great deal of trouble and disclosing that which Allah had concealed for you, and will expose you to turmoil, we think – and Allah knows best – that in this case you do not have to tell your husband about what happened in order to renew the marriage contract. In the other scholarly opinion mentioned above, according to which some of the scholars are of the opinion that it is not essential to establish that there is no pregnancy, there is some leeway.
This, as we have said, applies if the zina took place before the marriage contract was done and before it was established that there was no pregnancy.
As Allah has concealed you, you must also conceal yourself and do not breach the concealment of Allah. al-Bukhaari (6069) and Muslim (2990) narrated that Abu Hurayrah (may Allah be pleased with him) said: I heard the Messenger of Allah (blessings and peace of Allah be upon him) say: “All of my ummah will be fine except those who commit sin openly, and it is part of committing sin openly for a man to do something at night, then in the morning when his Lord has concealed him he says: O So and so, I did such and such last night, when his Lord had concealed him all night, but in the morning he discloses that which Allaah had concealed for him.”
And Muslim (2590) narrated from Abu Hurayrah (may Allah be pleased with him) that the Prophet (blessings and peace of Allah be upon him) said: “Allaah does not conceal a person in this world but Allaah will conceal him on the Day of Resurrection.”
Al-Bayhaqi (18056) narrated from Ibn ‘Umar that the Messenger of Allah (blessings and peace of Allah be upon him) said, after the stoning of al-Aslami: “Avoid this filth that Allah has forbidden, and whoever falls into it, let him conceal himself with the concealment of Allah, may He be glorified and exalted.”
Classed as saheeh by al-Albaani inas-Saheehah(663).
Fourthly:
Your son is a legitimate son of your husband, and there is no problem concerning him, in sha Allah.
With regard to the foetus whom you aborted, if that happened before the soul was breathed into him – i.e., before four months – then there is no expiation or diyah required for him. However you are required to repent, feel regret and pray for forgiveness.
If that happened after four months, then you have to pay the diyah and offer expiation.
The diyah is to free a male or female slave; if that is not possible then you must pay the equivalent, which is five camels.
With regard to the expiation, it is to free a slave. If that is not possible, then you must fast for two consecutive months.
And Allah knows best.







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For children, - FlyingTortoise

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Long ago there were two Geese who regularly visited a pond to eat Fish. The Geese always had a chat with the lonely Tortoise living in the pond. They spent many days talking about different things and their acquaintance grew into friendship.
One day, when the Geese realized there were no more Fish in the pond, - -

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- - they decided to migrate to a new and larger pond up north. They conveyed their decision to their friend, the lonely Tortoise. The Tortoise felt sad and expressed his wish to go along with the Geese.
The Geese thought this is a very good idea. "Why don't we take lonely Tortoise along with us? Then we all can live together forever!"
The Tortoise was delighted, but soon realized the problem. "How can I go with you? Because I cannot fly."
The Tortoise was very disappointed that he would not be able to go with the Geese.
The Geese came up with a solution, "Don't worry. We have thought of a way to solve this problem. We will hold a stick between us. Hold onto the middle of the stick with your mouth. This way, we all can fly to our new location."
But, warned one Goose, "Our plan is good, but you have to be very careful. At no time during our journey you should open your mouth, for, if you do, you will fall from the sky and be smashed to death on the ground."
The Tortoise thought for a while and agreed to be sure to keep his mouth champed round the stick all throughout the journey," he said.
Once they were all set, the Geese and the Tortoise set off on their journey northwards. As they flew, they had to pass through many villages, where people came running out to see this strange sight.
"Look at the Tortoise. See how the Geese carry him between them." Shouted the children.
The Tortoise wanted to tell them that he was going with his friends to a new pond and that there was nothing strange in it, but he remembered his friends warning and kept his mouth shut.
Village after village, people ran after the strange flight. "A flying Tortoise!" some shouted.
The Tortoise soon began to swell with pride.
He thought to himself, "I am so great. All the villagers are running out to see me. If these Geese had not come with me, no one would have ever noticed them."
Every village that they passed, the Tortoise was greeted with cheering and shouting. Finally the Tortoise could contain himself no more. He opened his mouth to speak, "I am ..."
As soon as he opened his mouth, his hold on the stick was lost and he came hurtling through the air and fell on a rock with a loud crack. The poor Tortoise died on the spot.
The Geese flew sadly away. "If only he had not been so proud," they thought, "he would have been living happily with us."
Moral of the Story - "Pride goeth before destruction, and a haughty spirit before a fall." or simply, "Pride comes before the fall." Bible, Proverbs (16:18)
Holy Prophet of Islam, Muhammad (saw) says: "Even if you do not commit any sins, I fear that you may fall into something which is worse: pride! pride!"
Matt Kar Itna Guroor Apne Aap Par INSAAN, Na Jane Khuda Ne Kitne Tere Jaise Bana Bana Ke Mita Diye








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