If the marriage contract between the two spouses was made while they were Muslims, then they apostatized by abandoning prayer, and then they repented to Allah, does that affect the legitimacy of the children?
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The questioner : The obligation of the marriage contract, or the obligation of renewing the contract between the spouses in such a case, does not affect the legitimacy of the children and the past cohabitation?
The Shaykh : If the husband married her in a state where his marriage to her was not valid, but he believed the marriage was valid, then the children born from his seed are considered legitimate children. The most that is said about them is that they are the result of intercourse based on a doubt. Intercourse based on a doubt establishes lineage, as mentioned by the scholars of knowledge and cited by Shaykh al-Islam Ibn Taymiyyah as a consensus.
The questioner : May Allah reward you with good.
The Shaykh : If the husband married her in a state where his marriage to her was not valid, but he believed the marriage was valid, then the children born from his seed are considered legitimate children. The most that is said about them is that they are the result of intercourse based on a doubt. Intercourse based on a doubt establishes lineage, as mentioned by the scholars of knowledge and cited by Shaykh al-Islam Ibn Taymiyyah as a consensus.
The questioner : May Allah reward you with good.