Validity Of A Marriage: Man Has A Sexual Relationship With A Woman Resulting In A Pregnancy
Islamic Rulings -
Living Shariah Verdicts
Islamic Questions & Answers
What is
the validity of a marriage in this situation: A man
has a sexual relationship with a woman. The
relationship results in a pregnancy. When the pregnant
is in the third month they get married. The couple
repent for the relationship, and continue to live as
husband and wife for another 20 years or so as good
muslims and they have 5 children in total. Some
scholars referring to Aya 3 of Surat Noor say the
marriage is void. Please advice. If it is Void is
there a way of making it Halaal I will appreciate it
highly if .
Praise be to Allaah.
Your wife's
brother can assume the (wali) position. If there is
not a brother then an uncle would do. He second eldest
son would also do, if he is an adult. In the absence
of all of these, an Islamic judge or the head of the
Islamic center can renew the contract. You don't have
to tell anyone about the reason. You can say that you
just want to renew it because you don't feel good
about the first one. Publicity is not needed at all.
There was an addition to my answer to you, but
apparently it was lost for one reason or another. Here
is the full answer once again:
The marriage contract is void because it was made
without fulfilling its necessary conditions. One of
these conditions is the readiness of the womb. This
means that the woman whom is to get married must have
her womb unoccupied. For example, a man may not marry
a woman who is pregnant. He may not marry a woman who
was divorced until she is out of her idd'ah (a period
where a widow or a divorced woman may not marry). Also
a man may not marry a woman he has been having
intercourse with until they both repent and she gets
her monthly period. This is a sign that her womb is
clean. The Prophet forbade Muslims to have intercourse
with female slaves they bought recently until they are
certain that their wombs are clear from any pregnancy.
Waiting for the monthly period does this. In your
case, the marriage contract must be renewed. This is
not a difficult thing to do. The first boy is not
Islamicly your son, as he was not created in his
mother's womb through a valid marriage contract. Some
scholars say he is not to be called after you as he is
born out of adultery. He is to be called after his
mother's family. He is not to inherit you and you are
not to inherit him. As for the remaining children,
they are yours and they carry your name. Other
scholars, such as Ibn Taymiyah and Ibn AlQayyim say
that if the woman is not married at the time of
committing adultery, then the adulteress father may
give his name to this boy and that he may be treated
as his son. In your case, this last opinion may be the
most suitable for you and your family. Yet you must
renew your marriage contract at any Islamic center,
and Allah knows best.
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