Had a Child from Fornication and Married Another Man Later
Fatwa No: 397024

Question

A divorced muslim women has comitted fornication in Hungary after few years of divorce. She has a baby daugther from the same. After knowing the same, a muslim man has married to her to bring back her and the innocent baby daughter to Islamic living with Taqwa and Taharath. The Nikah was done with an unknow Imam (witness 1) and the friend of Man (Witness 2).. the women was inside a room where in front of the bridegroom, the bride gave her accord to Nikah and accepted the proposed mehr. Is this Nikah Valid?

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

This woman is obliged to repent to Allah from this abominable act, which is an immorality and evil as a way, as described by Allah in His Book.

This daughter should be traced back to her, according to the view of the majority of the jurists, and may not be attributed to the adulterer or someone else. However, some jurists are of the view that if the adulterer traces this daughter back to him, then she can be traced back to him. The view that we adopt here in Islamweb however is the view of the majority of the jurists.

The presence (or consent) of the guardian is a condition for the validity of the marriage, according to the view of the majority of the scholars, which is the view we consider to be the preponderant one. It is not valid that this woman marries herself off by her own self. However, Imam Abu Haneefah held the view that such a marriage is valid.

In order to be on the safe side, it is better to renew the contract with the permission of her guardian, or whoever her guardian entrusts to this effect. This is of course, if she has a Muslim guardian. If she does not have a Muslim guardian, then she appoints a righteous Muslim man (to marry her off).

Ibn Qudaamah  may  Allaah  have  mercy  upon  him said: "If a Muslim woman does not have a Muslim guardian or a Muslim ruler, then one of the narrations from Ahmad indicates that a trustworthy Muslim man marries her off with her permission."

For more benefit, please refer to Fataawa 329428, 269080, 143587 and 194075.

Allah knows best.

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