Questioner: If a group of armed robbers storm a house and an ‘Eleha’ (a Muslim woman who makes use of the Islaamic veil) is raped during their pillage, what is the ruling on this?
Dr Lukmaan Idrees: Why did you mention an ‘Eleha’? You should have simply said ‘a woman’. Let’s avoid attributing stuffs like this (to the believers). (Allaah says): “Verily, those who like that immorality (unlawful sexual relations) should be spread (or publicized) amongst those who have believed will have a painful punishment in this world and the Hereafter…” [Soorah an-Nuur (24):19] (For example), if there is a person who says, ‘keep your fingers crossed while there are many Niqoobites raped in Oshodi. If that is the case in reality it should not be heard from your mouth. How much striving have you done to stop such thing from reoccurring? This is because such statements will be like a wound in the hearts of those have Eeman. (For example if you say), in Iraq soldiers are raping Niqobites as they like, keep on sitting down here. (Our response will be), ‘why are you making us feel sad when we actually do not have any power (over the situation)?’ I hope it is understood.
A woman is raped by armed robbers and she becomes pregnant in the process, should she abort the pregnancy or not? According to the Sharee’ah, it is not permitted for her to abort the pregnancy. If she flushes her system immediately the incident happens there is no sin in this. However, if it is certain that she is pregnant (after few months) the Sharee’ah of Islaam does not permit her to abort it. She has to give birth to the child. So, if she gives birth to a child via this, the question is ‘who will the child be attributed to?’ If she is married, then the child is to be attributed to her husband.
A brother from the congregation: Allaahu Akbar! Allaahu Akbar!! Ah!
The Congregation: Laughing mode activated!
A brother from the congregation: Will the child inherit the husband if he dies?
Dr Lukmaan Idrees: This is a different question entirely.
A brother from the congregation: I can never accept such a thing.
Dr Lukmaan Idrees: Na’am? (i.e. what did you just say?)
The brother: I can never accept such a thing.
Dr Lukmaan Idrees: What if it happens?
The brother: May Allaah not make it happen!
The Congregation: Laughing mode activated!
A brother from the congregation: How sure are you that the copulation of the armed robbers (with her) resulted in the pregnancy?
Dr Lukmaan Idrees: Are you asking a question or contributing to the issue? …A person is asking that how sure are we that the copulation of the armed robber (with her) resulted in the pregnancy? This is another question asked from the back row. Let us assume that the copulation (with the armed robber) is responsible for the pregnancy. Let us take it that her husband had travelled abroad. Na’am! …
As for this issue, something similar to it happened during the lifetime of the Prophet (sollaLloohu ‘alayhi wa sallam). Something of such happened; that is why the Prophet said ‘alwaladu lil-firaash walil-‘aahir al-hajar’ (the child is attributed to the one on whose bed it is born, and for the fornicator there is stoning). A close example is in this situation; if I have a farmland and someone plants pawpaw on the land without my consent, and the pawpaw grows and becomes ripe, and I eat from it anytime I finish working on the land, can this person arrest me with a policeman for eating the pawpaw on my farmland? Did he take any permission from me to make use of the land? Am I a sinner for eating the pawpaw?
A brother from the congregation: Not at all!
Dr Lukmaan Idrees: This is because (I will assume that) it is possible for the pawpaw to grow on its own. Did he take any permission from me to plant the pawpaw? So, if this is not disputed and you believe (it is okay for) you to eat from the pawpaw, why can’t you accept that the child is to be attributed to that husband? Na’am! (So that is it), except if there are some other issues and the man insists that he does not want this child; that is another issue. If he argues that the child is a bastard and he does not want (the child to be attributed to him), then the child will be attributed to the mother, (so he is) without a father…and this does not stop him from attaining any height in this world. If Allaah wills that the child will become the President, it will come to pass. The woman should trace the thief if she is able to, in a situation whereby the husband rejects this child. However, the statements of the scholars are at length on this issue. The husband may reject the child because he travelled when the incident happened and because pregnancy does not appear without having a source.
However, is such child allowed to see the awrah of the other children who are legally attributed to the husband?
A brother from the congregation: No!
Dr Lukmaan Idrees: It is permissible because they are connected by blood with the (same) mother; the area of disputation is the case of the father. Can such child marry any of the (aforementioned) children? (No, because) they are children of the same mother. I hope it is understood. They have blood connection (with the mother). So if such child is killed, the other children already know that the child is their younger brother. This is because there is nothing to establish that the child has no right to stay with them in the household.
The boy cannot marry the daughters of your wife (because they’re his elder sisters). Your female children can also uncover their Hijaab before him. So why should you (the man) avoid that the child be attributed to you? Everything to consider in your children is with him. So there is nothing wrong with it. That is why issues of the Sharee’ah are kind of (intellectually deep). May Allaah bestow His blessings on us! Na’am.
[SOURCE: The tape titled, ‘Igbagboye esin botito 2’ (Understanding the religion appropriately, tape 2)’; TIME: “24 minutes 10 seconds to” to “30 minutes 40 seconds”]
Transcribed by Aboo Aaishah Al Odeomeey