Sunday | 23 February 2020 | 29 Jamadiul-Thani 1441
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Fatwa Answer

Question ID: 780 Category: Knowledge
Pregnancy

Dear mufti shaib
Aslaam alakum

A woman who been married from last two years but she didn t had a child just because her husband didn t want a child, they are ok financially and physically, when ever he intimate with her he ejaculate outside( Virginia) of her , some time on her legs or Virginia but not inside of her, she been taking the sperm from her hand and put inside of her by herself , now she got pregnant,

Now she is very confuse that the child she has is from the sperm of her husband which he might left inside of her some how or is the child is from the sperm she put it inside by herself

Now the question, is the child is halal or what ?
Secound question , is that ok in islam to put the husband sperm inside of her by herself or not , please repley with detail , if it is haram then what she do with this child , ( some one told her its haram the way she did it )

Thank you
Jazakallahkhair

الجواب وبالله التوفيق      

As per the situation described in your question the child conceived through the semen will be considered halal and the lineage for this child will be mapped to your husband.

 

It is possible that at the time of ejaculation, some of the semen remained inside due to which you got pregnant. The action of ejaculating outside at the time of ejaculation is called ‘Azl’ which is not correct without a Shar‘ai excuse. It has been mentioned in a hadithof Rasulullah Sallallaho Alyhi Wasallam that an Ansari man said to Rasulullah Sallallaho Alyhi Wasallamthat ‘I do not like that my jariya becomes pregnant’,Rasulullah Sallallaho Alyhi Wasallam responded ‘If you want you can do Azl, but whatever is her muqaddar(i.e. fate) is inevitable’. A few days later that person came to Rasulullah Sallallaho Alyhi Wasallam and told him that his jariya had become pregnant. Rasulullah Sallallaho Alyhi Wasallam said to him ‘I had already told you, whatever is her muqaddar is inevitable’.

Therefore, the child from your pregnancy is considered halal and is not considered haram.

عن جابر قال جاء رجل من الانصار الی رسول اللہ صلی اللہ علیہ وسلم فقال ان لی جاریۃ اطوف علیھا وانا اکرہ ان تحمل فقال اعزل عنھا ان شئت فانہ سیأتھا ما قدر لھا : قال فلبث الرجل ثم اتاہ فقال ان الجاریۃ قد حملت قال :قد اخبرتک انہ سیاتیھا ما قدر لھا۔

 (ابو داؤد کتاب النکاح باب ما جاء فی العزل)  

It has been mentioned in a hadithof Rasulullah Sallallaho Alyhi Wasallam:

(مامن نسمۃ کائنۃ الی یوم القیامۃ الا وھی کائنۃ (حوالہ مذکورہ

Whoever is to be born before qayamah(i.e. day of judgement), will be born. Such measures cannot stop the inevitable from happening.

If a woman utilized the semen by herself or her husband did it, and a stranger was not involved in this process, and then pregnancy happens, the resulting child will be considered that couple’s child. 

واللہ اعلم  بالصواب