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Fatwa CenterMarried and Divorced an Ahmadiyyah but Has A Child with Her
Question
In ignorance of core Ahmadiyya beliefs, and by mistake, I got married to a born-Ahmadiyya woman. Prior to the Nikaah, she made me to sign some document, which was actually some kind of "Bayat" to the Ahmadiyya Group. I claim that it was made to sign fraudulently because they misrepresented Ahmadiyyat to me as another sect of Islam and I was ignorant of the seriousness of the deviation of Ahmadiyya. Regardless, the marriage was performed by an Ahmadiyya Moulvi and all witnesses were Ahmadiyyas. In due course of time, I read more about Ahmadiyyat from the Ahmadiyya literature they gave me and through the Ahmadiyya as well as Anti-Ahmadiyya websites and found that it was a serious issue and clearly a deviation from Islam. I have a son, who is 16 months old and in the custody of his mother. I have repented to Allah Almighty for my sin committed and have in writing revoked the above-mentioned "Bayat" in a letter to the Ahmadiyya Chief and other Ahmadiyyas, concerned.Seven months back I verbally divorced her. Now, my questions are:1. Is my repentance acceptable? Is there any Kafarah?2. I want to raise my son up as a Muslim, but he is in his mother's custody. At this point in time, it is not clear as to whether she would give up her Ahmadiyya Beliefs and become a Muslim. What should I do?3. What about the marriage itself:a.In case she accepts Islam?b. In case she continues to hold Ahmadiyya beliefs?4. If she accepts Islam, how do we formalize it? And, is a new Nikaah required?
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 
is His slave and Messenger.
Allah accepts the repentance of the one who sincerely repents regardless of how great his sin.
Allah Says (what means): {But indeed, I am the Perpetual Forgiver of whoever repents and believes and does righteousness and then continues in guidance.} [Quran 20:82]
Therefore, your repentance is accepted, Allah willing; you are not subject to pay any expiation; making a sincere repentance is enough.
On the other hand, it is not allowed to leave your child with his mother unless she repents from her bad faith. You should take your child in your custody. If the mother refuses your demand, then sue against her in a court to take the custody of the child.
Know that if she was Kafir at the time of marriage contract, then the marriage is null. However, only belonging to the given sect is not a sufficient evidence to consider her as Kafir (non-Muslim). Instead, she should consider any act, utterance, or belief in what takes her out of Islam, to be disbelief.
However, the ruling of being out of Islam is applied only when all the conditions are met and there is no legal excuse for that. If the matter is as mentioned; i.e., she was Kafir then, the marriage is null, but the child will belong to you since he was born through doubtful marriage.
Finally, if this woman repents from the bad faith and deeds that are contrary to Islam, then you can marry her. In this case, you should renew your marriage since the previous marriage is invalid.
Allah knows best.
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