Is abortion permissible if a woman becomes pregnant through adultery, and is it permissible for the man who committed adultery with her to marry her while she is pregnant with his child, and what is the status of the newborn, and is he attributed to him?
It is not permissible to abort a pregnancy resulting from fornication if it has exceeded 40 days, as it is a crime of destroying offspring and an assault on a soul, and the child is blameless.
Scholars differed on the marriage of the fornicator to the woman he impregnated: The Malikis and Hanbalis prohibited it before delivery, based on the hadith "A pregnant woman should not be approached until she gives birth." The Shafi'is and Hanafis permitted it, as the fornicator's semen is not deemed sacred.
The child is legally attributed to its mother, and the rulings of filiation, such as guardianship and inheritance, apply to it.
Regarding the attribution of the child to its fornicating father: Ishaq, Urwah, Sulaiman, and Abu Hanifa permitted it. However, the majority of scholars held the view that the child should not be attributed to its fornicating father, and this is the more preponderant view. They based their argument on the hadith "The child belongs to the bed, and for the fornicator is the stone," and that a child is not attributed to a denying father.
Therefore, if a man marries a woman with whom he committed fornication and she is pregnant, the child is attributed to its mother, and her husband will be its step-father.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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