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| Fatwa ID: | 21543 |
| Title: | Children born within common-law marriage before Islam |
| Category: | Family and Personal Affairs |
| Scholar: | Dr. Main Khalid Al-Qudah |
| Date: | 04/01/2008 |
As some scholars said, couples who did not have nikah (a wedding), but are living as husband and wife are committing zina (unlawful sex). Looking around the world today, there are many couples living together with children without marriage, even for many years. How can they correct this situation since they have been together for a long time? They say the children are not traced to the father. What can they do to make their union lawful? Again, during Ramadan, the wife prepares food for the husband. Is that food lawful and is the fast valid? If a Muslim has a baby without nikah, should we attend the aqiqah (feast) and what should the father do if he is ready to be a father to the baby? Please, I need a detailed fatwa on this.
Conducting the marriage contract in compliance with Islamic law is required for Muslim couples and also when only the husband is a Muslim. As for other people belong to different faiths, they are not addressed by this law. Whatever is considered a legitimate marriage in their religion is accepted by Islam. Therefore, when they convert to Islam, they do not need to redo the marriage contract according to Islamic law.
If a Muslim couple has not conducted the marriage contract appropriately, by not fulfilling all the pillars required for the validity of this contract, then they have to do it immediately.
However, none of their kids before the (appropriate) marriage contract could be considered an illegitimate child because there was a marriage, or (at least) an agreement that resembles a marriage contract.
