The Ruling on a Christian Marrying a Muslim Woman and the Ruling on Their Children
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Question:
If there is a Christian who has married a Muslim woman and they have had children, what is the ruling on their children in the Shari'ah?
Answer:
The marriage of a Christian to a Muslim woman is invalid. Allah (Exalted and Majestic is He) says: [al-Baqarah: 221]. Therefore, it is not permissible for a disbeliever to marry a Muslim woman. And Allah says: [al-Mumtahanah: 10].
So if he marries her, the marriage is invalid, and the children are the offspring of fornication. The offspring of fornication are attributed to their mother, not to him; they are named after their mother. Except if they are ignorant and did not know Islam, in which case it is a different matter. The marriage is invalid, but the children are attributed to their father because of his ignorance, if he was ignorant and she was ignorant. Then the marriage is invalid, but the children are attributed to their father due to the ignorance, because it is intercourse under a doubt.
As for if he knows the ruling of Islam and she knows the ruling of Islam, and they know the ruling of Allah, but they were lax and did not care about the ruling of Allah, then the children are the offspring of fornication. They are attributed to their mother, not to their father. He is to be disciplined, and the prescribed legal punishment is to be carried out against him for having intercourse with the Muslim woman without right. This is what is obligatory when it is possible, from the state of Islam.
Question: And if he embraces Islam?
Answer: they are to be separated. And if he embraces Islam after that, then after that it is with a new marriage. He marries her anew if he embraces Islam and Allah guides him. He marries her anew.
If there is a Christian who has married a Muslim woman and they have had children, what is the ruling on their children in the Shari'ah?
Answer:
The marriage of a Christian to a Muslim woman is invalid. Allah (Exalted and Majestic is He) says:
And do not marry polytheistic men [to your women] until they believe
وَلَا تُنْكِحُوا الْمُشْرِكِينَ حَتَّى يُؤْمِنُواthey are not lawful [wives] for them, nor are they lawful [husbands] for them
لَا هُنَّ حِلٌّ لَهُمْ وَلَا هُمْ يَحِلُّونَ لَهُنَّSo if he marries her, the marriage is invalid, and the children are the offspring of fornication. The offspring of fornication are attributed to their mother, not to him; they are named after their mother. Except if they are ignorant and did not know Islam, in which case it is a different matter. The marriage is invalid, but the children are attributed to their father because of his ignorance, if he was ignorant and she was ignorant. Then the marriage is invalid, but the children are attributed to their father due to the ignorance, because it is intercourse under a doubt.
As for if he knows the ruling of Islam and she knows the ruling of Islam, and they know the ruling of Allah, but they were lax and did not care about the ruling of Allah, then the children are the offspring of fornication. They are attributed to their mother, not to their father. He is to be disciplined, and the prescribed legal punishment is to be carried out against him for having intercourse with the Muslim woman without right. This is what is obligatory when it is possible, from the state of Islam.
Question: And if he embraces Islam?
Answer: they are to be separated. And if he embraces Islam after that, then after that it is with a new marriage. He marries her anew if he embraces Islam and Allah guides him. He marries her anew.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.