Is it permissible to attribute the first and second born to the brother, and what is the ruling on the marriage contract after the woman gives birth to the first child, and is the brother obligated to divorce the woman, and what should be done if attributing the child to the brother is not permissible in official documents, and can the brother repent from that act?
1. The firstborn (before the marriage contract): She is not to be attributed to your brother because she was born out of illicit sexual relations. Rather, she is attributed only to her mother.
2. The second born (after the marriage contract): He is to be attributed to your brother as long as the contract is legitimate, and the marriage of an adulteress is valid if she repents. The lineage is attributed to him because the Lawgiver (Allah) desires the establishment of lineage.
3. Marriage to an adulteress: It is forbidden to marry an adulteress, whether for the adulterer or anyone else, until she repents, based on the verse: ﴿The fornicator does not marry except a [female] fornicator or polytheist, and none marries the fornicator except a [male] fornicator or polytheist, and that has been forbidden to the believers.﴾ [An-Nur: 3].
4. Necessity of divorcing the woman: Your brother must divorce the woman if she has not repented from adultery, based on the verse: ﴿Bad women are for bad men, and bad men are for bad women. And good women are for good men, and good men are for good women.﴾ [An-Nur: 26]. However, if she has repented, then no.
5. Adding children to the family register: The second born is added to your brother's family register. As for the first daughter, she is attributed only to her mother and is added to her mother's family register.
6. Repentance: The door of repentance is open for your brother, and he must hasten to repent, based on the verse: ﴿Say, "O My servants who have transgressed against themselves [by sinning], do not despair of the mercy of Allah. Indeed, Allah forgives all sins. Indeed, it is He who is the Forgiving, the Merciful."﴾ [Az-Zumar: 53].
7. Birth control pills: It is not permissible to use them except for reasons mentioned by scholars.
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- Original fatwa ID
- 49176
- Imported
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- Source text, unreviewed
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