Couples living without marriage want to live Islamicly

26-11-2007 | IslamWeb

Question:

I read your Fatwa on children out of fornication but as the couples have known, can they re marry themselves according to Islamic Law as they have been living as Husband and wife, and can the Father claim the Children as he wants the Children.
Answer:

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

 

We have already received a similar question from you and we referred you to Fataawa 91272, 95615 and 89860 which clarify the conditions of a fornicator marrying the woman he fornicated with. 

We also clarified to you that the child born out of Zina (fornication or adultery) is traced back to his mother and not to the fornicating father. In this regard, we referred you to Fataawa 89082 and 97254, and you may refer to them once again.

Even though the fornicator wants to trace the child born out of Zina back to him (and confesses that he is his child), Islamically the child may not be traced back to him, according to the most preponderant opinion and this is the view of the majority of the scholars may Allaah have mercy upon them.

Allaah Knows best.

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