The lineage of a child born through the commission of sin
Question
Question: Zayd fell in love with a woman, and the woman fell in love with Zayd. Moreover, the woman is married and does not want to live with her husband. The woman ran away from her home and came to Zayd’s house, and Zayd began to cohabit with this woman without nikah, until a boy was born to this woman (walad al-zina, a child born of zina). Her husband came again and again to call her back, but the woman refuses to go to her husband’s house.
Answer
The present situation is one of grave calamity. Therefore, first this woman should be separated from this man, then the husband should pronounce talaq, then she should pass an ‘idda of three menstrual periods (hayd), and then she should be married (nikah) to the man with whom she now is.
Source: Fatawa Mahmudiyya
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