The Ruling on Marriage Without a Contract
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Question: A man married a woman without a marriage contract and without any witnesses, after he had confirmed that she was three months pregnant. He then performed the marriage contract, and she gave birth. Then she became pregnant for the second time, and while she was pregnant, he divorced her with one divorce. Then, after a week, he divorced her with three divorces. He asked a man who is not a scholar, and the man told him: "You have nothing to worry about; continue with your wife." So what is the status of the first child? And what is the ruling on her divorce with three? After the triple divorce, the marital life continued, and she now has three children with him?
Answer: If his initial act was without a contract, then—may Allah grant us and him well-being—it is explicit fornication. The child of fornication is not attributed to the fornicator, but follows the woman. He is subject to the prescribed legal punishment, the hadd for fornication. If he is a married man, he is stoned to death; if he is a virgin, he is flogged one hundred times and exiled for one year. He must return to the court in his country so that they can explain to him and make him aware of what is required of him.
We ask Allah for guidance for us and for him.
Answer: If his initial act was without a contract, then—may Allah grant us and him well-being—it is explicit fornication. The child of fornication is not attributed to the fornicator, but follows the woman. He is subject to the prescribed legal punishment, the hadd for fornication. If he is a married man, he is stoned to death; if he is a virgin, he is flogged one hundred times and exiled for one year. He must return to the court in his country so that they can explain to him and make him aware of what is required of him.
We ask Allah for guidance for us and for him.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
