Children of illegitimate marriage.
Mu' meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa Barakatuh.
(May Allah's Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked
this question:
Dear
brother
Please advise rewgarding the following ...
1. A muslim woman married a non Muslim & lived with him for 10 years, gave
birth to 2 children & even participated in their religious rituals. She has
realized her mistake & has come back to the fold of Islam divorced her
husband & is currently living with her parents along with her children.
Please advise the following ...
A. We were told that in this case that the woman needs to be lashed
while, some others say it is not
neccessary. Please advise the correct Islamic view point on this
B. What is the status of the children
C. What else needs to be done
2. A born muslim maried a christian woman however, the children were not
raised as muslims. They too had pariticpated in other religious ceremonies
& rituals. I cant say for sure whether he practised Islam however, he
died recently & was given a islamic burial. In this case ... what is
the status of the children are they to be considered as muslims or christians
??
(the
children are in their late thirties & have children of their own too &
they consider to be christians)
(There may be some grammatical and spelling
errors in the above statement. The forum does not change anything from
questions, comments and statements received from our readers for circulation in
confidentiality.)
Answer:
Children of
illegitimate marriage
In the name of Allah, We praise Him, seek His
help and ask for His forgiveness. Whoever Allah guides none can misguide,
and whoever He allows to fall astray, none can guide them aright. We bear
witness that there is none worthy of worship but Allah Alone, and we bear
witness that Muhammad (saws) is His slave-servant and the seal of His
Messengers.
Your
Statement: A muslim woman married a non Muslim
Allah Says in the Holy Quran Chapter 2 Surah
Baqarah Verse 221 (part):
…..Nor marry (your
girls) to disbelievers until they believe….
The marriage between a believing woman and a disbelieving
man is absolutely and categorically forbidden and prohibited in Shariah
Law…such a marriage will have absolutely no legal basis, and will be deemed
null and void in the Sight of Allah Subhanah and in the Sight of Shariah Law.
Your
Question: We were told that in this case that the woman needs to be lashed
while, some
others
say it is not neccessary. Please advise the correct Islamic view point on this
The only authorities who have the right to prescribe any
Shariah punishment are the appointed Judges of the
No individual in their individual capacity has a right in
Islam to extract the prescribed Shariah punishment for a crime from any
individual! It is the
If a believing woman ‘married’ a disbeliever in ignorance
of the Laws of Shariah, and subsequently realized her grave sin and error and
has repented and amended her conduct, her case is with Allah Subhanah. If the sister is indeed sincerely repentant,
it is expected that she will find her Lord Forgiving and Merciful.
Allah says in the Holy Quran Chapter 39 Surah
Zumur verses 53-54:
(O Prophet) say: “O My servants who have wronged
their own souls….Do not despair of Allah’s Mercy! Surely,
Allah forgives all sins. He
indeed is the All Forgiving, All
Merciful. Return to your Lord and
submit to Him before the scourge overtakes you;
for then you may get no help from anywhere.”
Allah says in the Holy Quran Chapter 6 Surah
Anaam verse 54:
When those come to you who believe in Our
Signs, say: "Peace be on you! Your Lord had inscribed for Himself (the rule
of) Mercy. Verily if any of you did evil
in ignorance, and thereafter repented
and amended (his conduct), Lo! He is
Oft-Forgiving, Most Merciful."
Al-Tirmidhi Hadith 2357 Narrated by Abdullah ibn Mas'ud
Allah's Messenger (saws) said, "He who
repents of a sin is like him who has committed no sin."
Al-Tirmidhi Hadith 2338 Narrated by Abdullah ibn Umar
Allah's Messenger (saws) said, "Allah
accepts a servant's repentance (taubah) till he gives up his spirit in
death."
Your
Question: What is the status of the children
First and foremost, the children born of an illegitimate
marriage will be considered absolutely blameless and innocent of the sin of
their parents in the Sight of Allah Subhanah.
But because the children were born of an illegitimate
marriage, they will have no legal relationship with their biological father in
the Sight of Shariah Law. They will be recognized
by their mother’s name, they will inherit their mother, and their mother will
inherit from them.
They will not be known by their biological father’s name,
the biological father will hold no legal responsibility towards them, nor would
the children hold any legal responsibility for their biological father, their
biological father will not inherit from them, nor will the children inherit
their biological father.
Your
Question: What else needs to be done
If the sister has realized her manifest and grave error,
turned unto her Lord Creator in sincere ‘taubah’ and repentance, and
subsequently amended her conduct and separated permanently from her illegal
‘husband’…….there is nothing much she needs to do to manifest her repentance
except remain constant in seeking forgiveness from her Lord Most Merciful and
redouble her efforts in the pursuit of good deeds. It is expected that she will find her Lord
Forgiving and Merciful.
Your
Question: A born muslim maried a christian woman….
Allah Says in the Holy Quran Chapter 5 Surah
Maidah verse 5:
5 This day are (all) things good and pure made lawful unto you. The food of the People of the Book is lawful
unto you and yours is lawful unto them. (Lawful
unto you in marriage) are (not only) chaste women who are believers but
chaste women among the People of the Book (Jews and Chrisitans)
revealed before your time when ye give them their due dowers and desire
chastity not lewdness nor secret intrigues.
If anyone rejects faith fruitless is his work and in the Hereafter he
will be in the ranks of those who have lost (all spiritual good).
Provided all the obligatory conditions of a Shariah
marriage were fulfilled, a marriage between a believer and a chaste woman from
amongst the ‘People of the Book’ (Jews or Christians) is absolutely legal and
lawful in Shariah Law.
Your
Question: In this case ... what is the status of the children are they to be
considered as
muslims
or christians ??
The children resulting from a marriage between a believer
and a Christian woman will be absolutely legal in Shariah, and unless and until
the children themselves verbally declare apostasy from Islam, they will be
considered to be ‘muslims’ in the Sight of Shariah Law.
Whatever written of Truth and benefit is only
due to Allah’s Assistance and Guidance, and whatever of error is of me
alone. Allah Alone Knows Best and He is
the Only Source of Strength.
Your brother and
well wisher in Islam,
Burhan
