-----Original Message-----
From: Rafiza [mailto:****@kisbedu.com.my]
Sent: Friday, October 03, 2003 8:59 AM
To: ****



Being Pregnant Outside Marriage in Islam

Dear friends,

I guess we do know some friends who are in this problem. It should be wise
to either forward them this email or tell them about it so they will correct
their way of living... wallahu'alam.

Untuk pengetahuan. Got this from a friend.

This is serious. This kind of marriage is very common in Malaysia. Bila
dapat tahu anak pregnant luar nikah, cepat-cepat kahwinkan. Based on the statement below, the nikah is tak sah. Thus, it is considered zina.

Pls pass to all your muslim friends. If it is not too much to find out
kesahihan Q2 & Q3 because many Muslims actually get their children married
off once they know that their daughter is carrying an illegitimate child.

A question was asked to the Imam recently, which raised many other
questions. I would like to share them with you, as they are very important:

Question 1: What is the correct thing to do when a girl becomes pregnant
outside of marriage?
Answer 1: She should not marry anyone until the baby is born.

Question 2: Assuming the father of the child wants to marry her, can he?
Answer 2: No, he cannot marry her, until the baby is born.

Question 3: Is the marriage valid if they did marry?
Answer 3: No, the marriage contract is invalid. A Muslim cannot marry a
pregnant woman, even if he is the biological father.

Question 4: If they married, what should they do now to correct it?
Answer 4: They should separate. She should wait for confirmation that she is
not pregnant. They can then marry, as this will be now a legal marriage by
Islamic law.

Question 5: What if they don't correct it?
Answer 5: They will still living in a relationship of Zina, as the Marriage
contract is not valid.

Question 6: What are the rights of the child that was conceived outside
marriage?
Answer 6: According to the scholars, the child is not the father by Islamic
law. Hence, the child cannot inherit from the rights over the child. The
child also has no rights over the father.

Question 7: If you say that the father is not the father by Islamic law,
does that mean he cannot be the mahram of his own biological daughter?
Answer 7: Yes, he cannot be her mahram.

Question 8: A Muslim man and a Muslim (or Non-Muslim) woman decides to get
married after having lived together, how should they go about it?
Answer 8: They must separate immediately and the woman must wait for one
menstrual cycle (to prove she is not pregnant), before they can enter into a
Marriage contract.

Question 9: If I know someone that is in this situation, should I tell them
about what I have learnt or is it none of my business?
Answer 9: It is your Islamic duty to inform them, so they can rectify their
situation, otherwise all the children from that relationship will be born
outside an Islamic legal marriage.

Please do not discard this handout. This is a very serious matter, we all
are urged to understand it, discuss it further with a scholar if we are not
clear, or do not agree. Inform those that may be in this situation and pray that
our children or we should never be in such situation.

My answer ::

Dear all,

Beberapa perkara perlu dijelaskan di sini. Dalam hal2 hukum agama ini yang kita tahu amatlah sensitif dan tidak boleh dibuat suka-suka, kenapa tidak ada asal sumber hukum tersebut? Ustaz ke Kadhi ke? Saya rasa tidak semestinya perkara itu berkaitan dengan Islam, maka kita perlu edarkannya tanpa kita merujuk kepada pihak yang betul2 mengetahui. Mungkin niatnya baik tetapi caranya juga mesti dipastikan betul juga.

Setahu saya yang kurang tahu ini, Malaysia mempunyai undang-undang keluarga Islam berdasarkan kepada mazhab Syafie. Saya baru bercakap dengan Ustaz Nasir, Dari pejabat Agama Sepang no tel. 87061617 dan bertanya ttg hukum kawin org mengandung.

1. Kahwin perempuan yang sedang mengandung adalah SAH.
2. Boleh dibinkan kepada bapanya jika anak itu lahir lebih dari enam bulan qamariah. JIka kurang, di kira status anak luar nikah.
3. Jika kawin dengan orang lain, maka anak itu tetap dikira anak luar nikah, walaupun anak lahir lebih dr enam bulan dari tarikh kawin.

JIka anda rasa sangsi sila tanya pihak yang tahu dan jika anda rasa perlu forwardkan email tadi, maka email ini lagilah perlu diforwardkan.

Sekian terima kasih.