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Fatwa - Marriage Case - Social

Last updated: 12th March 2024
Question ID: #9840
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Dear Sir/Madam Hope this email finds you well. I would like to receive some Shariah Law advice and Guidance on what can be done given the individual situation I face. Here is an overview of my case: 1. I am male, Muslim, age 33 years old. 2. I am in an unofficial relationship with a Christian lady, currently age 34 years old. 3. We have known each other and have been together in a relationship for almost 3 years now. We are not yet married as per Shariah Law. 4. There have been multiple occasions where we slept together (basically having sexual intercourse). 5. This time, however, due to a mistake with the condom (contraceptive measure), the lady has conceived. Recently, she did not have her period. It was supposed to be last week on 3rd March 2024, and today 10th March 2024 she has done the homemade pregnancy test, and the apparent result is that she is pregnant. 6. I took her to the hospital to cross-check the home test pregnancy results. The doctor has done an ultrasonic check, but she could not find the embryo yet. Today she has done the blood test to check for the hormonal change. We will be back at the hospital this Tuesday 12th March 2024 to check on the results. 7. At the moment, as a 33 years old male, I am capable of supporting the lady and the child if this is confirmed. 8. However, given the fact that I am Muslim and that, of course, my family will not accept children born out of wedlock, I need to proceed with the medical abortion. This is whilst knowing that the embryo did not fully develop and this happened recently, and falls within the period of less than 10 weeks from the time of conception. I am not sure on what should be done given the above case. I would highly appreciate your advise from a shariah law point of view and any guidance on how to handle such a situation. Also, I would like to add the following; My mother does not approve of the lady because she is a Christian and she is from a far eastern Asian country. She did not get the chance to meet her, however, I made 2-3 requests to my mum to try and understand, but she declined all the time. My request to my mum to get married to this lady has happened well before, I got the news that she is pregnant because of a faulty contraceptive protection mechanism. May Allah guide us to the right path. Thank you in advance for your time and cooperation.

بسم الله الرحمن الرحيم

الجواب حامداومصليا

Firstly, you must repent to Allah as you have committed Zina which is Haram and sinful.

It is Haram to abort after 120 days from conception. If before this stage, there is any medical reasons then it will be permissible. Otherwise, it will not be allowed. So in the above case it will not be allowed to abort.

When marrying one of the people of the book I.e. Christian or Jew they must be real Christian or Jew and not by name. Also marrying them the implications are destructive like, the influence of their belief if one is not strong in their own faith in Islam and the mother’s belief and conduct will pass on to the children.

For those reason Umar (رضي الله عنه) will pass rulings of divorce for those Sahaba who would marry one of the people of the book.

And Allah knows best

29 Dhul Qa’dah 1445/ 06 June 2024

Answer last updated on:
8th June 2024
Answered by:
Ulamaa ID 04
Location: London