What should a man do who divorced his Christian wife, then had intercourse with her after the divorce, and she became pregnant by him? Should he let his child be raised in her religion, or should he remain close to him to teach him Islam?
If intercourse occurs during a revocable divorce (ṭalāq rajʿī) and before the ' (waiting period) ends, then a return (rajʿah) to the marriage takes place, and the child is attributed to the husband. However, if intercourse occurs after the 'iddah has ended, it is considered fornication (zinā), and the child is attributed to the mother, unless the husband believed she was lawful to him, and he must repent to Allah. If the child is a result of fornication, then its responsibility falls upon its mother. If it is his child, then the mother, if she is non-Muslim, loses custody. The divorced woman can be taken back if this was not the third divorce, provided she regrets her actions and her condition improves. It is preferable to marry a righteous Muslim woman.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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