RELATIONSHIP HUSBAND AND WIFE IN REGARD TO ADULTERY

Couple Husband Wife Considered Adultery

Throughout their marriage IF ...

  

Such marriages are very common these days because families usually choose this way to avoid embarrassment. When a child can know "pregnant out of wedlock", quickly married off quickly.

Based on this fact, the marriage is invalid, then the couple will live in zina @ forever ... This question has been posed to a scholar, in which many questions.  Another problem arises from the tree. I share them with you as they are very important: 

QUESTION:
What is the ruling  of marry women who are pregnant (out of wedlock). Is it true that if a man marries a woman who is pregnant first ruled as invalid and shall marry again if the unborn child is born? (after the 40-day-old child). What is the status of the child as far as I know these kids can not Built according to the father's name and if the child is female, the father can not be a guardian.

Answer:

According to Dr. Wahba Zuhayli, writer al-Fiqh al-Islami, a legal void of a man marries a woman who is pregnant outside of marriage or the relationship is termed as 'adultery' in the field of jurisprudence is fatwa Maliki. But not required children born to women it must be 40 days or more to perform the ceremony later.

This school requires men who want to marry any woman involved in adultery should ensure prior holy womb. How, by waiting until the last three coming months (a period) or over a period of three months from the last time he committed fornication (al-istibra ').

The majority of scholars agree requires istibra' in order to maintain the purity of lineage descent as it would involve the status of a legitimate child.  Built to standards or not to be married to a husband's adultery after the case, then the problem guardian marriage for girls and issues of inheritance in terms of Islamic laws. If this condition is ignored, and the ceremony continued, the imperfect or damaged of marriage, condemned the illegal where the separation of the couple must be condemned; whether the woman outwardly signs of pregnancy or not. If a woman is found to contain the adulterous relationship, then istibra' is the child's birth.

Not valid marriage before her maternity based on hadith: "Whoever believes in Allah and the Last Day, then let not him flush the water on crops other people. (That intercourse with a pregnant woman not of the seed). (Narrated by Abu Dawood and also by al-Tirmidhi with a Hasan  stated as  words 'other people's children'). Including another authentic hadith of al-Hakim of the women prisoners of war were eventually followed the battle of Hunain, which is distributed to the fighters, which means: " a pregnant woman not consummated until birth. " this provision also applies in the Hanbali school, especially for a man who has the status of women was based on the hadith narrated by Imam Ahmad bin Hanbal says:" let not a man to fuck a woman who is pregnant not from seed. " Additional terms of this sect is that women should be repented of sin which he has done it to remove it from the legal origin of the Quran to the adulteress: the adulterer cannot marry except an adulteress or a polytheist woman; and the adulteress cannot marry but also with the fornicator or an idolater; that is forbidden to the people who believe. (al-Nur: 3).

 Moreover, if they do not marry the adulteress as implied in the verse. It is based on the hadith: "A person who truly repent of their sins (sincere repentance) is like a pure from all sin. " Then he recited a verse of the Quran from surah al-Baqarah verse 222: Allah is the love for those who like to repent and always maintain purity. While the Hanafi judge authorized the marriage of a man who married a women who commit adultery with another man if it is certain the woman was not pregnant. If she is pregnant are also required to marry her condition cannot be fucking with her ​​until she gave birth under paragraphs 23-24 of surah al-Nisa 'which does not list it as an illegal woman married:

“Forbidden to you are mother and your daughters and your sister  and your paternal aunts and your maternal aunts and brothers’  daughter sisters’ daughter and your mothers that has suck you foster-sisters and mothers of your wives and your step daughters who are in your guardianship. (born) of your wives to whom you have gone in, but if you have not gone in to them, there is no blame on you (in marring them), and the wives of your sons who are of your own loins and that you should have two sisters together, except what has already passed; surely Allah is forgiving merciful.”

“And all married women except those who your right hands possess (this is ) Allah’s ordnance to you, and lawful for your are (all women) besides those, provided that  you seek (them) with your property , taking (them) in marriage not committing fornication. Then as to those whom you profit by, give them their dowries as appointed, and there is no blame on you about what you mutually agree after what is appointed; surely Allah is knowing wise.”  (an-Nisa ': 23 and 24).

pinion this is confirmed by the hadith narrated by al-Bukhari in respect of adultery married women: the Son is born of God of the bedroom (which is a legitimate right of the husband), and miles of adulterers (stoning). It illustrates that the semen adulterer does not forbid legal marriage relationship. The sect concurred with the Hanbali and Maliki that ban sexual intercourse to men who marry women who are pregnant not from seed. So the woman who delivered their judgment on the same Hadith:

 "Whoever believes in Allah and the Last Day, then let not him flush the water on crops other people. (That intercourse with a pregnant woman not of the seed)." (narrated by Abu Dawood).

Syafie also requires someone who is a married woman commits adultery pair  under paragraph 3, Surah al-Nur. The act of adultery is not illegal they banned them for a valid marriage where lawful. The fatwa was agreed upon by scholars. Lineage baby According to a ruling majority, if a woman gives birth after six months of marriage, then the child to her valid as decent.  If less than this period, it can not decent  him unless he insisted on claiming that the baby was his son or not there is clear evidence it is mainly the result of the adulterous relationship in keeping with the dignity of a Muslim. the minimum period of six months is based on the hadith narrated by al-Bayhaqi in which during the reign of Umar, there was a woman who gave birth to children after six months pregnant. she Umar was brought before the judge decided to undergo the stoning. The case came to the knowledge of Ali and he said: The woman was not supposed to be stoned. His words known by Umar, and he continued to send envoys to ask Ali about it. Ali then recited the verse 233 of surah al-Baqarah which means: And mothers shall suckle their babies so that even the last two years for those who wish to complete the suckling process ....

Then he reads verse 15 of Surah al-Ahqaf, which means: And the bear until the completion of the process of weaning takes 30 months .... The difference two periods in the two verses of the Quran is the last 6 months (30 months - 24 months together 6 months). So, it can not be considered the birth of the child of adultery, therefore, they had to cancel stoning of the woman. only the legal status of an illegitimate child alone cannot shining the husband of the pregnant woman out of wedlock and so do not be guardian. According to the National fatwa Committee of  57 on June 10, 2003 clarification of the term illegitimate child are as follows:

 * Children born out of wedlock as to whether the result of adultery or rape; * Children born in the last With six months to two Lahzah Qamariah of the bride (so she gave birth) and he is not the result of sexual intercourse syubhah; and * Children born in the last more than six months time two Lahzah Qamariah of marriage and there is no evidence in terms of legislation that the child is born out of wedlock by a pledge (recognition) of those concerned (husband and wife, or one of them), or four witnesses that meets the requirements in accordance with Islamic law such as the process of curses.

Wallahu’alam.