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The question

To whom is the child attributed if a girl becomes pregnant after being forced into zina (unlawful sexual intercourse)? And is it permissible for the fornicator who forced her to marry her while she is pregnant, as an expiation for his sin, given society's rejection of a girl who became pregnant from zina, even if she was forced?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

A girl who is forced into fornication bears no sin and no hadd punishment. The child born from fornication is not attributed to the fornicator according to the majority of scholars; rather, the child is attributed to the mother, though some scholars hold the view that the child can be attributed to the fornicator if he claims paternity and no one disputes him. The marriage of a fornicator to the woman with whom he committed fornication while she is pregnant from him is impermissible according to the Hanbalis and Malikis, but permissible according to the Hanafis and Shafi'is. The marriage of a fornicator to the woman he forced does not expiate the sin of fornication. Instead, what is obligatory is sincere repentance, frequent seeking of forgiveness, and performing righteous deeds. His marriage to her may be a way of restoring some of her rights and a reason for her to forgive him.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
107774
Imported
Translation status
Source text, unreviewed
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