6 Important Things About Pregnancy Outside of Marriage

Table of Content

• 1 adultery Islamic Law
• 2 Fetal of the Adultery Can Not Be Aborted
• 3 the Children of Adultery are spoken (nasab) to his mother
• 4 Marriage Guardian
• 5 Men Who done Zina with Women Until Pregnant, May Not Marry the Women Until Childbirth
• 6 Marriage Does Not Eliminate Adultery Sin
• 7 Men and Women Who Have Adultery Can Not Marry Until Repentance

Unwed pregnancy

Adultery is an act that is forbidden in all divine religions. Because of the insult of the sin of adultery, Islam forbids all causes that can lead to adultery. One of them is dating, an acute illness that has befallen to Muslim youth today.

Apart from discussing adultery sin, there are a number of things to consider regarding pregnancy outside marriage:

First, Fetal Adultery Can Not Be Aborted 

However this fetal process appears, he does not bear the sins of his parents at all. Both from the results of adultery and rape. Therefore, disturbing this fetus, especially aborting it is tyranny and evil. Allah says,







We cannot imagine, what answer will we convey, when asked what is your reason for killing your child?

Secondly, the Children of Adultery are spoken (nasab) to his mother and may not be given to his father 

Because the real biological father is not a Shari'a father. So that this child is born without a father. From Abdullah bin Amr bin Ash, he said,




The Prophet sallallaahu 'alaihi wa sallam decided that the child from the relationship with a slave that not own, or the result of adultery with an independent woman was NOT condemned to his biological father and did not inherit it ... 

(Narrated by Ahmad, Abu Daud, Al-Albani and Syuaib Al- Arnaut)

Another proposition is the hadith from Ayesha Radhi Allahu Anha , that the Prophet Sallallahu 'alaihi wa sallam said,




"The child is the right of the owner of the firasy, and for the adulterer, he gets a loss ."

Imam An-Nawawi said, "When a woman marries a man or a slave woman marry a man, then the woman becomes a firasy for the man. Furthermore, this man is called "owner of the firasy". As long as the woman becomes a male firasy, every child born to that woman is her child. Although it may be, there are children who are created from the results of cheating by wives with other men. While male affaires only get a loss, meaning that they do not have the slightest right with the child as a result of his zina deeds with the wife of another person. "

( Shahih Muslim , An-Nawawi, 10:37)

Based on the information above, the scholars concluded that the child of adultery was ONCE not the son of his father. Therefore, it cannot be put into his father's possession.

What if you "bin" it to the father? 

The law is forbidden and even a big sin. This is based on the hadith of Sa'd, the Prophet sallallaahu 'alaihi wa sallam said,

من ادعى إلى غير أبيه وهو يعلم أنه غير أبيه فالجنة عليه حرام

" Whoever claims someone's child, while he knows that it is not his father, heaven is haram for him. "

(Narrated by Bukhari no. 6385)

Because the biological father is not his father, the law is forbidden to -bin- his father. "bin" here like fulan-bin fulan

How about the script? 
Because this child does not have a father, he is given to his mother, for example: paijo bin fulanah. As the Prophet Isa alaihis salam was sent to his mother, Isa bin Maryam, because he was born without a father.

Third , Marriage Guardian 

If the child is born of adultery is female, then this child has no guardian from his family. Because he did not have a father, so there was no family path from the father's side. While the marriage guardian is only from the father's family. Therefore, the marriage guardian moves to the judge. A full description of the marriage guardian may we discuss later.

Fourth, Men Who done zina with Women Until Pregnant, May Not Marry the Women Until Childbirth 

Among the arguments that show this are the words of the Prophet sallallaahu 'alaihi wa sallam ,

(Narrated by Abu Daud, Ad-Darimi, and validated by Al-Albani)

Men who commit adultery with women are not her husband. While the exception that may have intercourse with pregnant women is the husband. we will discuss this too later InshaAllah.

Because the consequence of marriage, namely the legal relationship, is not available, then marriage in this condition is not permitted.

Then, another argument that shows the prohibition of marrying pregnant women from zina is a hadith from Ruwaifi 'bin Tsabit Al-Ansari radhiallahu' anhu , the Prophet sallallaahu 'alaihi wa sallam said,




" It is not lawful for those who believe in Allah and the last day, to irrigate other people's plants. "

(Narrated by Abu Daud, Ahmad and dishahihkan of Ibn Kathir and Al-Albani) 

The purpose of the hadith above is that a man is prohibited from 'irrigating' (inserting semen) into a woman's womb, in which there is another person's fetus. In fact, the fetus in the womb of the woman is not a male plant at all. Because the results of the relationship are not considered as descendants at all.

Fifth , Marriage Does Not Eliminate Adultery Sin 

Sin of adultery cannot be lost only by marriage. Do not let you assume that by marriage means the adulterer has been forgiven. Sin of adultery can be lost with earnest repentance. A person will still be regarded as an adulter as long as he has not repented of the sin of adultery.

The Prophet sallallaahu 'alaihi wa sallam said,




" People who repent of sinful acts, such as those who do not sin ." 

(Narrated by Ibn Majah, Baihaqi, and dishahihkan Al-Albani)

To be called a person who has repented, he must prove the form of remorse in his life, including:

1. He felt very sad about his actions.
2. Abandon all acts that trigger zina, such as seeing pictures or pornographic films or movies.
3. Leaving the community and friends to lead someone to return to adultery. Like promiscuity, friends who do not keep their social relationship, like to show their genitals, etc.
4. Trying to find a good community, who look after themselves, and be careful in the association.
5. Trying to equip yourself with syar'i knowledge. Because this is what will guide people towards the path of truth.
6. Trying to improve worship, as a capital to continue to be patient in refraining from immorality.

Sixth, Men and Women Who Have Adultery Can Not Marry Until Repentance

God forbids good men to marry adulterous women, and vice versa. Allah Subhanahu wa Ta'ala said,




"The fornicator does not marry except a [female] fornicator or polytheist, and none marries her except a fornicator or a polytheist, and that has been made unlawful to the believers."

(QS. An-Nur: 3)

As long as the adulterer has not repented in earnest, the title of adulterer will always be attached to him. As long as this title exists, he is not permitted to marry his partner, until he repents. 
Allahu a’lam

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