Impregnated his maid and can not marry her
14-5-2006 | IslamWeb
Question:
Dear Ustad, I am 25 year old guy.I had a maid named Istiqama and she was really good in her work.We fell in love with each other.One day at around 3am she was sleeping with me and i just could not control myself.She told me yesterday that she was pregnant.Meanwhile my parents have arranged my marriage to an indian girl.I am very saddened by this and ask for forgiveness everyday.Istiqoma told me that she would go back to her hometown in indonesia but would not be staying with her parents.I told her i will break the news to your parents once she go back.But she keeps on telling me not to make my whole family sad because of her.i just could not take it.
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.
Taking home maids and not observing the religious requirements in this regard is a reason of being too much tempted by them and committing fornication or adultery with them, and the like. Therefore, you are obliged to sincerely repent; for more benefit, please refer to Fatwa 83573.
Besides, you are obliged to conceal her sin and not inform her family about what happened; for more benefit, please refer to Fatwa 88130.
Then, if she repents and you are able to convince her family to accept you to marry her, after she gives birth to the child, then do so. Her guardian may appoint any Muslim person to marry her off [to you], as the consent of the guardian is a condition for the validity of the marriage contract.
However, if it is not predestined for you to marry her, then you are obliged to cut any relationship with her so that you will not commit fornication with her again.
Finally, it should be noted that if she gives birth to the baby, then this baby is born out of fornication and he should not be traced back to the adulterer but he should be traced back to the mother, and she will inherit him and he will inherit her.
Allaah Knows best.