Tawbah (repentance) from fornication and what is the status of a child

 

There is another problem that has been worrying me for some
time—namely, I committed fornication with a woman. How do I repent.
Can I marry her in order to cover up the whole affair?

Another man says he committed fornication outside his country, and he
knows that the woman conceived and delivered a child. Is this his child?
And is itobligatory for him to bear the costs of the child’s upbringing?

Questions of this sort are asked so often and by so many that it is time Muslims paid serious
attention to their reformation in the light of the Qur’an and Sunnah, in order that such things
do not occur in the first place. Special stress is to be placed on the lowering of the gaze, no
bodily contact (including shaking hands) between men and women, wearing of the full hijab,
prohibition of meetings in secrecy in particular and of mixing of sexes in general,
discouraging unwarranted travel to non-Muslim countries, and early marriages. As for the
question about one who committed fornication, there can be two situations.

Either the man did it by force, that is, raped the woman. Such a man should pay her the
amount of mahr (dower) in accordance with her social class, as compensation for
what harm he caused her. As for himself, he should sincerely repent. And, if the matter
has reached the authorities, then he should be punished according to the law of
shari’ah. See Madarij 1/366.
Or, he has he had sex with a woman who consented to the act. There is nothing due
from such a man except repentance. Neither the child is his, nor is the cost of
upbringing born by him because it is an illegal child and must be attached to the mother
and not the father.

The man’s marriage to the woman, for the sake of covering up the issue, is also not
permissible. For Allah revealed in the Qur’an a verse whose meaning can be translated as:
“An adulterer does not marry but an adulteress or mushrika (polytheist). And an adulteress
does not marry but an adulterer or mushrik (polytheist). (Al-Noor:3)

It is also not permissible to marry a woman who is pregnant from an adulterous act, even if
the man has fathered the baby in the womb, as it is also not pemissible to marry a woman
about whom it is not known if she is pregnant or not.

Nonetheless, if he repents, and she also repents, and she is proved to be not carrying a
child, then it is permissible that he marry her and begin a new life. If she is carrying a child,
they must wait until she delivers birth.

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