Concluding marriage contract after committing Zina and the woman was pregnant
One of my friends fell in love with a Muslim girl and committed Zina (sexual intercourse outside marriage) with her. She became pregnant before making a lawful marriage contract. My friend married her afterwards. Is their baby considered as an illegitimate child
or not? Bearing in mind that the Had (ordained punishment for violating Allah’s Law) is not carried out in such cases in our country, what should be the appropriate punishment for him according to the rulings of the Shari‘ah (Islamic law)? If the Had is not carried out on him in this life, will it be waived or will it be carried out in the Hereafter? What should be said to advise and guide others like this couple, so they can restrain themselves and repent to Allah.
If the reality is as was mentioned and the woman became pregnant before the man married her, (Part No. 20; Page No. 389) the child in question is an illegitimate child and it should not be named after the man who fornicated with her, rather it should be named after its mother. Their marriage is Batil (null and void). They have to renew the contract in a Shar‘y (Islamically lawful) manner, if they both want each other.
Both the man and the woman have to perform Tawbah (repentance to Allah) and seek Allah’s Forgiveness, as sincere Tawbah erases whatever happens before it. Allah (Exalted be He) says:
And those who invoke not any other ilâh (god) along with Allâh, nor kill such person as Allâh has forbidden, except for just cause, nor commit illegal sexual intercourse - and whoever does this shall receive the punishment.
The torment will be doubled to him on the Day of Resurrection, and he will abide therein in disgrace;
Except those who repent and believe (in Islâmic Monotheism), and do righteous deeds; for those, Allâh will change their sins into good deeds, and Allâh is Oft-Forgiving, Most Merciful.
You have to cover up their sin and not reveal what happened between them, as Allah (Glorified be He) says:
Verily, those who like that (the crime of) illegal sexual intercourse should be propagated among those who believe, they will have a painful torment in this world and in the Hereafter. And Allâh knows and you know not.
Similarly, the Prophet (peace be upon him) said,
“Anyone who conceals (the defects of) a Muslim, Allah will conceal them (their defects) in this world and in the Hereafter.”
(Part No. 20; Page No. 390) May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.