Attribution of a child born out of wedlock and punishment for zina

Q: I met a female through social media which I think is a Jew or Christian. I told her that you are my sister and she spoke to me several times.

One day she told me that she had baby. I was puzzled because she never told me before that she was married. I ask her whereabouts of her husband and she revealed very a shocking story.

A Muslim person from my place met her several times and that person was telling her that he is spiritual guide and pious in all ways and she came under his influence. That person had a physical relationship with her several times. I asked her whether he did nikah as per sharia or not and she told me that he said that this is a blessed spiritual marriage. I was shocked to hear about how a Muslim can cross the lines that's well defined in Quran and Sunnat.

She further revealed that when she got pregnant, he refused to accept that it's her baby and he is the father of the child. She left that person and gave birth to that child.

I take note of this and started searching for that person. I was further shocked that he was already married and had two sons and he is from a well reputed family. I contacted again that lady and she told me that she was aware of that he is already married but she never expected that he will leave her after pregnancy. She said that she ask him to marry her as per Islamic laws but he denied.

What is the solution to this issue? The baby is already born and she is taking care of that baby.

What laws of punishment will apply to that person according to sharia law?

If somehow I put pressure on that person to marry this lady, is this allowed and shall it be recognized according to sharia law?

As far as I read in hadiths, stoning till death is the only punishment for such a sin.

A:

The child born out of wedlock is attributed to the mother and is regarded as the mother's child. The child born out of wedlock is not the child of the biological father.

What the man did was certainly haraam, but the woman is also guilty for entering into the haraam relationship with the man.

Your keeping contact with this woman is not permissible. You should also make tawbah for speaking to her and for keeping contact with her.

This is the ploy of Shaitaan in order to mislead you by making you feel concerned about her condition and thereafter he will cause you to fall into sin with her. This type of relationship you have with her, in most cases, ends up similar to the haraam relationship she had with the previous person.

Immediately end this relationship and seek Allah Ta'ala's forgiveness.

And Allah Ta'ala (الله تعالى) knows best.

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)