Dought & clear, - If a child is the illegitimateoffspring of two kaafirs, can he be named after the zaani?

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I have read your answers regarding woman taking her husbands name and i understand that is is not acceptable. I would still like to now, if it would be possible for a converted woman in that case when the woman originally has her mothers name because her parents were not married when she was born, and it is not possible for her to take her fathers name, since he is not alive anymore.
Praise be to Allaah.
Zina (adultery or fornication) is forbidden in all the laws that Allaah revealed to His Messengers, and Islam approves of the marriages of followers of other religion who did not enter Islam subject to two conditions:
1 – That it was in accordance with their own laws
2 – That they do not refer to us for judgement concerning the marriage contract.
Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) said:
The companions of Maalik and al-Shaafa’i, and the companions of Ahmad such as al-Qaadi Abu Ya’la and Ibn ‘Aqeel, and later scholars, said that reference concerning the marriage of a kaafir should be made to their own customs. Whatever they regard as a marriage among them, it is permissible to approve of if they become Muslim and refer to us for judgement, provided there is no impediment to this marriage. But if they believed that it was not a marriage, then it is not permissible to approve of it. End quote.
Majmoo’ al-Fataawa(29/12).
Shaykh Muhammad ibn Saalih al-‘Uthaymeen (may Allaah have mercy on him) said:
If the marriage is valid according to Islamic sharee’ah, then it is valid, but if it is invalid according to the dictates of Islamic sharee’ah, then they may approve of it subject to two conditions:
1 – That they regard it as valid according to their laws
2 – That they do not refer to us (for judgement).
If they do not believe that it is valid, then they must be separated, and if they refer to us for judgement, we must examine the case. If it is before the marriage contract then we must do the marriage contract according to our laws. If it is after the marriage contract, we must examine it further. If the woman was permissible at that time, then we may approve of it, and if she was not permissible then we must separate them. The evidence for these things is what happened when a kaafir became Muslim at the time of the Prophet (peace and blessings of Allaah be upon him). He approved of those couple who had married during the Jaahiliyyah and did not object to that. This indicates that things may be left as they are. End quote.
Al-Sharh al-Mumti’(12/239, 240).
With regard to zina and so-called relationships, all of that is invalid according to their laws and ours. It is the result of the misguidance in their lives, behaviour and customs.
Muslim (1700) narrated from al-Bara’ ibn ‘Aazib the story of the stoning of the two Jews who committed zina, and how, even when the Jews distorted the Torah and concealed that which Allaah had revealed, they did not regard zina as permissible, rather they changed the punishment for it and introduced flogging and blackening of the face with coal instead of stoning.
The Christians did likewise. In the Gospel of Matthew 19:18 it says: “Jesus [said], ‘Do not murder, do not commit adultery, do not steal, do not give false testimony…’”
In the Gospel of Mark 10:19 and the Gospel of Luke 18:20 it says: “You know the commandments: ‘Do not murder, do not commit adultery, do not steal, do not give false testimony’”
Hence we say: If these parents were married – even of that was according to the religion of Christianity or Judaism – then their marriage is approved and the daughter should be named after the father. But if the daughter was the result of an illicit relationship, then she should not be named after the zaani, rather she should be named after her mother, as she is at present.
In Islam the scholars are unanimously agreed that the illegitimate child should not be named after the zaani if the zaani does not ask for him to be named after him. Rather the majority of scholars said that he should not be named after him even if the zaani wants that.
It is not the issue – as mentioned in the question – of whether the zaani is still alive or not; rather the issue is that the relationship between them was not one of marriage, and the daughter was the result of that relationship.
Islam forbids attributing the child to anyone other than his father. Allaah says (interpretation of the meaning):
“Call them (adopted sons) by (the names of) their fathers, that is more just with Allaah. But if you know not their father’s (names, call them) your brothers in Faith and Mawaaleekum (your freed slaves). And there is no sin on you concerning that in which you made a mistake, except in regard to what your hearts deliberately intend. And Allaah is Ever Oft‑Forgiving, Most Merciful”
[al-Ahzaab 33:5]
It was narrated from Abu Dharr (may Allaah have mercy on him) that he heard the Prophet (peace and blessings of Allaah be upon him) say: “There is no man who knowingly attributes himself to someone other than his father but he has committed an act of kufr, and whoever claims to belong to people to whom he does not belong, let him take his place in Hell.”
Narrated by al-Bukhaari (3317) and Muslim (61).
Al-Haafiz Ibn Hajar (may Allaah have mercy on him) said:
Some commentators said: The reason why this is described as kufr is that he is telling a lie against Allaah; it is as if he is saying: Allaah created me from the sperm of So and so, when that is not the case, because he was created from someone else.
Fath al-Baari(12/55):
The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “One of the greatest of falsehoods is for a man attribute himself to someone other than his father.” Narrated by al-Bukhaari (3318).
And the Prophet (peace and blessings of Allaah be upon him) said: “Whoever knowingly attributes himself to someone other than his father, Paradise will be forbidden to him.” Narrated by al-Bukhaari (4072) and Muslim (63).
To sum up:
The illegitimate child – whether he is born to Muslim or non-Muslim parents – cannot be attributed to the zaani, rather he must be named after his mother. The situation of this new Muslim sister is correct. If she was not able to call herself after the man or the woman then she could – as a case of necessity – call herself by a name that is not specific to any known person; rather she may choose a name that consists of two or three names and call herself by that. It is not permissible for her to take her husband’s name.
And Allaah knows best.








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Dought & clear, - It is not permissible to marry a zaani or zaaniyah unless they have repented

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Is it permissible to marry a woman who used to commit zina?.
Praise be to Allaah.
It is not permissible to marry a zaaniyah or zaani unless they have repented. If the man or woman has not repented then the marriage is not valid.
Allaah 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 Islamic Monotheism)”
[al-Noor 24:3]
There is a report concerning the reason for the revelation of this verse which makes the ruling clearer. Abu Dawood (2051) narrated from ‘Amr ibn Shu’ayb, from his father, from his grandfather, that Marthad ibn Abi Marthad al-Ghanawi used to smuggle prisoners from Makkah. There was in Makkah a prostitute called ‘Anaaq and she had been his friend. He said: I came to the Prophet (peace and blessings of Allaah be upon him) and said: O Messenger of Allaah, should I marry ‘Anaaq? He remained silent and did not answer me. Then the words “and the adulteress –fornicatress, none marries her except an adulterer — fornicater or a Mushrik” were revealed. He called me and recited them to me, and said: Do not marry her. Classed as saheeh by al-Albaani inSaheeh Abi Dawood.
In‘Awn al-Ma’boodit says:
This indicates that it is not permissible for a man to marry a woman who has openly committed zina. This is indicated by the verse quoted in the hadeeth, because at the end of it, it says: “Such a thing is forbidden to the believers”. This clearly shows that it is haraam. End quote.
Al-Sa’di (may Allaah have mercy on him) said in his commentary on the verse quoted above:
This shows that zina is abhorrent and that it tarnishes the honour of the one who does it in a way that other sins do not. We are told that no woman marries a zaani except a zaaniyah who is like him or a mushrikah who associates others with Allaah and does not believe in the resurrection or reward and punishment, and does not obey the commands of Allaah. The same applies to the zaaniyah: no one marries her but a zaani or a mushrik. “Such a thing is forbidden to the believers” means: it is forbidden for them to marry zaanis or zaaniyahs.
What the verse means is that the one who marries a person, man or woman, who has committed zina and has not repented from that must be either a person who is not adhering to the rulings of Allaah and His Messenger, so he cannot be anything but a mushrik, or he is adhering to the laws of Allaah and His Messenger but he goes ahead with this marriage even though he knows about this zina, in which case the marriage is zina and immorality. If he were truly a believer in Allaah, he would not do that.
This clearly indicates that it is haraam to marry a zaaniyah until she repents, or to marry a zaani until he repents, because the partnership between a man and his wife or a woman and her husband is the closest of partnerships. Allaah says (interpretation of the meaning):“Assemble those who did wrong, together with their companions” [al-Saaffaat 37:22]. Therefore Allaah has forbidden that because of the great evil that it involves. It also implies a lack of protective jealousy and implies that children may attributed to the husband who are not his, the zaani will not be keeping her chaste because he is distracted by someone else. Any one of these would be sufficient for it to be haraam. End quote.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said something similar, and said that the meaning of the verse is that the one who believes that it is haraam to marry a zaaniyah but still marries her has entered into a haraam marriage contract which he believes is haraam. A haraam contract is like one that does not exist, so it is not permissible for him to be intimate with the woman; in that case the man will be a zaani.
But if he denies that it is haraam to marry a zaaniyah and says that it is permissible, then in this case the man is a mushrik, because he has declared permissible something that Allaah has forbidden and has made himself a lawmaker along with Allaah. This is what we say to a man who gives his daughter in marriage to a zaani.
Fataawa al-Mar’ah al-Muslimah, compiled by Ashraf ‘Abd al-Maqsood (2/698).
This (i.e. that it is haraam to marry a zaaniyah) was stated in fatwas issued by Shaykh Muhammad ibn Ibraaheem (may Allaah have mercy on him) and by the scholars of the Standing Committee for Issuing Fatwas, headed by Shaykh Ibn Baaz (may Allaah have mercy on him).
See:Fataawa Muhammad ibn Ibraaheem(10/135) andFataawa al-Lajnah al-Daa’imah(18/383).
Shaykh al-Islam Ibn Taymiyah said:
Because of the punishment that Allaah has decreed for those who commit zina, He made it haraam for the believers to marry them, as a rebuke to them and because of the sins and bad deeds that they have. … So (Allaah) tells us that no one does that but a zaani or a mushrik.
As for the mushrik, he has no faith that will deter him from committing immoral actions or keeping company with those who do them.
As for the zaani, his immoral nature prompts him to do that even if he is not a mushrik.
Allaah has enjoined us to shun evil and its people so long as they are doing that, and this applies to the zaani.
Allaah has stipulated that men should be chaste and not immoral, as He says (interpretation of the meaning):“All others are lawful, provided you seek (them in marriage) with Mahr (bridal-money given by the husband to his wife at the time of marriage) from your property, desiring chastity, not committing illegal sexual intercourse” [al-Nisa’ 4:24]. This is something that should not be ignored because the Qur’aan has stated it clearly.
As for the prohibition on marrying a zaaniyah, the fuqaha’, such as the companions of Ahmad and others, have discussed it and there are reports concerning it from the salaf. Although the fuqaha’ differed concerning it, those who said it is permissible do not have any reliable evidence. End quote.
Majmoo’ al-Fataawa(15/316)
He also said (32/110):
Marriage to a zaaniyah is haraam unless she repents, whether it was he or someone else who committed zina with her. This is undoubtedly the correct view, and it is the view of a number of the earlier and later generations, including Ahmad ibn Hanbal and others.
This is what is indicated by the Qur’aan and Sunnah. The most well-known text concerning that is the verse in Soorat al-Noor where Allaah 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 Islamic Monotheism)”
[al-Noor 24:3]
In the Sunnah, there is the hadeeth of Abu Marthad al-Ghanawi and ‘Anaaq. End quote.
The one who is faced with this problem and who did a marriage contract before repenting has to repent to Allaah and regret what he did, and resolve not to commit this sin again, then he should do the marriage contract again.
And Allaah knows best.









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Dought & clear, - He committed zina during one of the nights of Ramadan and he wants to repent

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One of my friends had sex with a girl during one of the nights of Ramadaan. He is single and is asking about the ruling and what he has to do.
Praise be to Allaah.
If what is meant is that he committed zina –Allaah forbid – then zina is a major sin and a serious offence. Allaah has warned us against it and stated that it leads to bad consequences. He says (interpretation of the meaning):
“And come not near to unlawful sex. Verily, it is a Faahishah (i.e. anything that transgresses its limits: a great sin), and an evil way that leads one to hell unless Allaah forgives him)”
[al-Isra’ 17:32]
Allaah has decreed that the punishment for the zaani is stoning, if he was married, and flogging if he was unmarried. That is because of the abhorrence of what he has engaged in of haraam intimacy. Allaah says (interpretation of the meaning):
“The fornicatress and the fornicator, flog each of them with a hundred stripes. Let not pity withhold you in their case, in a punishment prescribed by Allaah, if you believe in Allaah and the Last Day. And let a party of the believers witness their punishment”
[al-Noor 24:2]
But by the mercy of Allaah, the door of repentance is always open, and Allaah is Oft-Forgiving, Most-Merciful; He loves the repentance of His slaves and accepts it if he turns to Him. Allaah says (interpretation of the meaning):
“Know they not that Allaah accepts repentance from His slaves and takes the Sadaqât (alms, charity), and that Allaah Alone is the One Who forgives and accepts repentance, Most Merciful?”
[al-Tawbah 9:104]
“Allaah accepts only the repentance of those who do evil in ignorance and foolishness and repent soon afterwards; it is they whom Allaah will forgive and Allaah is Ever All‑Knower, All‑Wise”
[al-Nisa’ 4:17]
“And those who invoke not any other ilaah (god) along with Allaah, nor kill such person as Allaah has forbidden, except for just cause, nor commit illegal sexual intercourse __and whoever does this shall receive the punishment.
69. The torment will be doubled to him on the Day of Resurrection, and he will abide therein in disgrace;
70. Except those who repent and believe (in Islamic Monotheism), and do righteous deeds; for those, Allaah will change their sins into good deeds, and Allaah is Oft‑Forgiving, Most Merciful”
[al-Furqaan 25:68-70]
How forbearing is Allaah, and how Generous. His goodness descends upon them even as their evil deeds ascend to Him. He holds out His Hand by night to accept the repentance of the one who sinned during the day, and He holds out His hand during the day to accept the repentance of the one who sinned at night. All the sinner has to do is acknowledge his sin and give it up, and ask his Lord for pardon and forgiveness, and resolve never to go back to that sin, and to set his deeds straight, and strive to do that which will please his Lord, may He be blessed and exalted.
The one who does that will find relief, for the Most Gracious, Most Merciful rejoices over the repentance of His slave and accepts it from him, and He will reward him for it and erase his bad deeds thereby, and raise him in status, because He is the Forbearing, Most Generous, Most Kind, Most Merciful, may He be blessed and exalted.
Allaah says (interpretation of the meaning):
“And verily, I am indeed forgiving to him who repents, believes (in My Oneness, and associates none in worship withMe) and does righteous good deeds, and then remains constant in doing them (till his death)”
[Ta-Ha 20:82]
Moreover, we say to this brother: beware of removing the cover with which Allaah has concealed you and telling anyone of what you have done, because the Prophet (peace and blessings of Allaah be upon him) said: “Avoid these filthy things that Allaah has forbidden. Whoever has done any of them, let him conceal himself with the concealment of Allaah, and let him repent to Allaah.” Narrated by al-Bayhaqi; classed as saheeh by al-Albaani inSaheeh al-Jaami’(149).
Muslim (2590) narrated from Abu Hurayrah (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said: “Allaah does not conceal a person in this world but Allaah will conceal him on the Day of Resurrection.”
So hasten to repent and regret, and weep for your sin and wrongdoing. Conceal yourself with the concealment of Allaah and do not speak openly of your sin; do a lot of good deeds such as praying, giving charity, dhikr, and tasbeeh, for these are means of attaining forgiveness.
Beware of procrastinating with regard to repentance, or of taking the forbearance and concealment of Allaah for granted, for Allaah may grant you time or He may not, and He may become angry and seek vengeance. Perhaps He will look at His slave who dares to disobey Him and will say: ‘Go, for I will never accept any good deed from you,’ so he will be utterly lost and his punishment will be Hell. We ask Allaah to keep us safe and sound and to grant us salvation.
We ask Allaah to set the affairs of the Muslims straight, and to bring that back to the right path.
And Allaah knows best.









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