Cohabiting with a non-Muslim woman on the condition that he will marry her, then she bears children from him, and he claims the children as his own
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Fatwa No. ( 6480 )
Q: A question I have heard from more than one person is this: that some Muslim immigrants marry Christian women without a contract. One of them meets the woman and they agree to live together and then have children. The man gives these children Islamic names and registers them in the family record under his name. Some have fallen into this and say: “My wife, whom I married in this manner, wants to enter Islam, and she is serious about it and does so of her own desire.” What is the solution if she enters Islam and he divorces her, then contracts a Shari'ah marriage with her and marries her? And what is the status of the children born to them who are illegitimate?
A: First: The aforementioned agreement is considered an agreement for fornication, which is forbidden by the Book, the Sunnah, and the consensus of the Muslims. The man must repent to Allah from it. Their children through this are children of fornication; they are attributed to their mother and are not attributed to their father in any way. Second: If she becomes Muslim and they repent from this act, it is permissible for the man mentioned to marry her in a Shari'ah marriage. Any children born after this contract are attributed to both of them. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: A question I have heard from more than one person is this: that some Muslim immigrants marry Christian women without a contract. One of them meets the woman and they agree to live together and then have children. The man gives these children Islamic names and registers them in the family record under his name. Some have fallen into this and say: “My wife, whom I married in this manner, wants to enter Islam, and she is serious about it and does so of her own desire.” What is the solution if she enters Islam and he divorces her, then contracts a Shari'ah marriage with her and marries her? And what is the status of the children born to them who are illegitimate?
A: First: The aforementioned agreement is considered an agreement for fornication, which is forbidden by the Book, the Sunnah, and the consensus of the Muslims. The man must repent to Allah from it. Their children through this are children of fornication; they are attributed to their mother and are not attributed to their father in any way. Second: If she becomes Muslim and they repent from this act, it is permissible for the man mentioned to marry her in a Shari'ah marriage. Any children born after this contract are attributed to both of them. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.