Question:

If a situation arises where a muslim man and woman who are not married commit fornication and conceive a child and then have a quiet nikka before the birth of the baby, how does the family and community respond to A)the marriage and b)the subsequent birth of the child in terms of congratulations, celebrations and gifts? Thank you for your answer

Answer:

The Marriage is lawful in the sight of the Shariah provided the conditions of marriage were found (i.e. 2 Muslim male witnesses and the offer and acceptance etc.). It is also correct that these two people should marry each other now.

Unfortunately, the child that has been born out of wedlock is an illegitimate child in the sight of the Shariah and his/her parents have committed a great wrong against this innocent baby by doing this. As a result of the child being conceived in this unlawful manner the rights normally afforded a child do not get established. Principally, the lineage will not become established to the man who was the cause of his conception.

Thus he will not be considered his father (even after marriage) and his lineage will be to his mother only. On this basis, according to the Shariah it will not be obligatory for this man to pay expenses for this child, though if he did so voluntarily it would be allowed. Similarly, the other relationships that exist to that man and their unlawfulness, will not affect him. For example, that man's mother will not be considered his grandmother and so on.

However because this sin was not the fault of the child, gifts on his behalf etc can be accepted and the child is free from any guilt.

Mufti Mohammed Sajjad

Wallahu Aalam bis-sawab

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The answer to this question is the opinion of the scholar and does not reflect the opinion of other scholars of As-Suffa Institute and As-Suffa Institute as an organisation.