She committed zina and wants to abort the foetus

 

There is a woman who was married and she had three children. Her husband died three years ago and she got to know a young man and had a haraam relationship with him, which resulted in a foetus who is about one and a half months old. After we found out about that we did an ‘urfi marriage for her, to reduce her accountability before Allaah and before her children. 


Because the foetus was conceived outside of marriage, is this zina or is she married? 


Is aborting the foetus in this case haraam or halaal? The one who will go with her for the abortion is her sister who is confused – if she goes with her for the abortion will she be concealing her or will she be a partner in committing a crime, which is the crime of zina and abortion?.

Praise be to Allaah.

What this woman has done is zina which Allaah has forbidden
to us, as He says (interpretation of the meaning): 

“And come not near to unlawful sex. Verily, it is a
Faahishah (i.e. anything that transgresses its limits: a great sin, and an
evil way that leads one to hell unless Allaah Forgives him)”

[al-Isra’ 17:32] 

What you have done by arranging an ‘urfi marriage does not
change things in the slightest, because zina and the conception of the
foetus took place before that. 

Moreover the ‘urfi marriage that this woman has done means
that she has given herself in marriage without the knowledge or presence of
her wali (guardian), so it is not valid, because the Prophet (peace and
blessings of Allaah be upon him) said: “There is no marriage except with a
wali.” Narrated by Abu Dawood (2085), al-Tirmidhi (1101) and Ibn Maajah
(1881) from Abu Moosa al-Ash’ari; classed as saheeh by al-Albaani in
Saheeh al-Tirmidhi. 

And the Prophet (peace and blessings of Allaah be upon
him) said: “Any woman who gets married without the permission of her wali,
her marriage is invalid, her marriage is invalid, her marriage is invalid.”
Narrated by Ahmad (24417), Abu Dawood (2083), al-Tirmidhi (1102); classed as
saheeh by al-Albaani in Saheeh al-Jaami’ (2709). 

Based on this, this marriage contract that was done does not
count and she has not become a wife to this zaani by means of this contract,
so it cannot be a means of reducing her accountability before Allaah, rather
it is another sin to be added to the first sin. 

As for abortion, it is a third crime. Even though some
fuqaha’ allowed abortion in the early stages, that should not apply to the
zaaniyah, because that would encourage immorality and spread evil. One of
the basic principles of Islam is that it forbids immorality and all the ways
that lead to it. See question no. 13331. 

This woman has to repent to Allaah sincerely, regret what she
has done and make her deeds righteous. If she is sincere in her repentance,
Allaah will grant her a way out. Allaah says (interpretation of the
meaning): 

“And whosoever fears Allaah and keeps his duty to Him, He
will make a way for him to get out (from every difficulty)”

[al-Talaaq 65:2] 

And Allaah knows best.

Now days we as Muslims have to spread the voice to learn quran and so we could gain the true knowledge and the quran teaching that is give to us by our beloved prophet Muhammad peace be upon him and do quran reading. Do we as Muslim ask our self that why we are at the peak of destruction? The answer will be simple that we have left our roots the holy quran we should guide promote Islam from in our homes first and let learn our kids quran  and encourage them in doing quran memorization this should be our first goal for it we can do different stuff like let then participate in different online quran recitation competition to let them listen quran from different online quran reciters and along with it we elders should learn quran also and improve our knowledge of quran and Islam and learn holy quran tafseer because to understand and learn quran Arabic and for this now a days there are many online quran tutor available who teach tajweed quran and its translation and tafseer so let us join our hands to be the voice of Islam and let improve the image of it as well and full fill our deputy .

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