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Legitimacy of a Child born out of wedlock

Q: A Muslim boy and girl committed zina (fornication) resulting in the girl falling pregnant. Both have realised the gravity of their error, and want to perform Nikah as soon as possible. Will the child to be from this relationship be legitimate?

A: Zina is a major sin. Both should sincerely make Taubah and abundant Istighfar. May Allah Ta'ala forgive them and accept their repentance.

In terms of the legitimacy of the conceived child, this will depend on how long after the Nikah the child is born.

If the child is born six months after the Nikah, it will be legitimate. If the child is born before this period, it will be illegitimate.

If the child is legitimate, the child shall inherit from both parents. The illegitimate child shall only inherit from the mother.

Hence there should be no delay in performing the Nikah.

And Allah Knows Best
Darul Ihsan Fatwa Dept.

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13/05/2021

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