What is the status of children born as a result of shighar?
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Question: What is the status of children born as a result of shighar?
Answer: They are attributed to their fathers; because it is a marriage of doubt; due to the fact that some scholars permit it if there is a mahr, so this becomes a doubt, or some people do it out of ignorance, not asking or seeking a fatwa, thinking that there is no harm in it, so the children are attributed to their fathers because of the doubt, and there is no doubt in that.
But whoever did that should be careful and renew the marriage; if he becomes aware, he renews the marriage, saying to the woman: I see a doubt in your remaining with me, and he renews the marriage with a new contract without the need for divorce. He renews the marriage contract from her wali without any condition, and he renews the marriage of the other woman; so the concern is removed. And if she does not want him, he divorces her with one divorce, and Allah will enrich each of them from His abundance. He, the Exalted, says: [Al-Nisa: 130].
Answer: They are attributed to their fathers; because it is a marriage of doubt; due to the fact that some scholars permit it if there is a mahr, so this becomes a doubt, or some people do it out of ignorance, not asking or seeking a fatwa, thinking that there is no harm in it, so the children are attributed to their fathers because of the doubt, and there is no doubt in that.
But whoever did that should be careful and renew the marriage; if he becomes aware, he renews the marriage, saying to the woman: I see a doubt in your remaining with me, and he renews the marriage with a new contract without the need for divorce. He renews the marriage contract from her wali without any condition, and he renews the marriage of the other woman; so the concern is removed. And if she does not want him, he divorces her with one divorce, and Allah will enrich each of them from His abundance. He, the Exalted, says:
But if they separate [by divorce], Allah will enrich each [of them] from His abundance
وَإِن يَتَفَرَّقَا يُغْنِ اللّهُ كُلًا مِّن سَعَتِهِ
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
