The Ruling on Cohabitation Without Marriage
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The fifth question of Fatwa No. ( 6575 )
Q5: If a man cohabits with a woman without marriage, and she bears him many children until they grow up, and then the man marries two women with a valid marriage contract, and they bear him many children, and then the man wants to remove the first woman from his house, but the children have not allowed this, how should this matter be handled?
A5: First : Cohabitation without marriage is forbidden zina according to the Book, the Sunnah, and the consensus of the Muslims, and the aforementioned parties must separate and repent to Allah and seek His forgiveness, and if they repent and are sincere in their repentance, and then contract a valid Islamic marriage, there is nothing wrong with that. Second : Their children who resulted from this cohabitation are children of zina who are attributed to their mother, and not to the man, according to the correct opinion; due to the saying of the Prophet (peace and blessings be upon him)Sunan Ibn Majah 2006Sahih (Darussalam) , and from what we have mentioned, it is known that the aforementioned woman and her children have no right in the case where she is not a wife, but rather a cohabitant; and because the children are not attributed to him, but if he treats them well and helps them and their mother from his wealth due to their need, that is good, and is of the charity that is encouraged. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q5: If a man cohabits with a woman without marriage, and she bears him many children until they grow up, and then the man marries two women with a valid marriage contract, and they bear him many children, and then the man wants to remove the first woman from his house, but the children have not allowed this, how should this matter be handled?
A5: First : Cohabitation without marriage is forbidden zina according to the Book, the Sunnah, and the consensus of the Muslims, and the aforementioned parties must separate and repent to Allah and seek His forgiveness, and if they repent and are sincere in their repentance, and then contract a valid Islamic marriage, there is nothing wrong with that. Second : Their children who resulted from this cohabitation are children of zina who are attributed to their mother, and not to the man, according to the correct opinion; due to the saying of the Prophet (peace and blessings be upon him)
The child is for the bed (i.e., belongs to the husband) and the fornicator gets nothing!
الولد للفراش وللعاهر الحجر
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.