Question #13-90: Are the children born of sinah legitimate children in Islam?

Question:

One of my family members committed “Zina” (Illegal sexual relationship) before marriage and got pregnant. She tried to keep the pregnancy secrete so quickly got married with the father of the child. Once she had the child, everyone found out that she had committed a sin. As a result, we, her family, cut the family relationship with her. We would not eat her food or visit her. Since then, it has been quite some time and now she and her husband are practicing Muslims and have other children. I would like to know whether I should continue disconnected with her or should I renovate my family relationship with her as before committing adultery? What should they do in order to correct their mistake? Are her children legal children?

Answer: 

“Alhamdulillah wasalatu wasalmu Alla Saydina Mohamed” 

Dear Sister:

  1. First of all, your relative and her husband should sincerely repent to Allah and ask him for forgiveness (Tawba). They should also never commit this sin again.
  2. If Allahu ta’alla, says in the Quran that all sins will be forgiven, except “Shirk”, then, if she is truly sincere and shows her Tawba, then Allah ta baraka wa ta’alla, Insha Allah, will accept her tawba and, remember, he is The Most Forgiving, The Most Merciful. Therefore, you should renew your family relationship with her.
  3. Regarding the children, the  child conceived through the Zina, will be an illegal child and only will be her child by “milk” (because she breast feed the child). He or she not the father’s name. The father will be the “father by milk” (because of him making her pregnant she produced the breast milk). He could support the child financially, but no inheritance should be given to the illegal child.
  4. Since her marriage is valid,  the children born after the marriage will become legal children from both of them and they have the right of inheritance      and the right to carry the name from the father.

Allah knows best.

Shk. Mostafa

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