Tuesday | 05 March 2024 | 24 Shabaan 1445

Fatwa Answer

Question ID: 954 Category: Dealings and Transactions
Child Outside of Marriage

Salaam Imam,I have a question - First of all I am still married legally to a different women. We are seperated since 3 years (no children no goods together) and hamdoulah I have found a new wife and she gave birth to my son which is 21 months now.The problem is is has been born outside of marriage and I am unable to marry again because my ex wife do not want to sign the papers and making it hard for me. Normal contact is not possible without lawyers. Now my question is who can help me, as I have asked a local Imam but he send me to the Adul which cannot help me as I am married. I want the best for my child and hamdoulah my family understands everything but next year he will be circumcisizedand until then I will have to find a way to get married. I only care about allah and his punishment and I want to do my best to prevent our family from that and give my boy his rights. Thank you Regards

الجواب وبالله التوفيق

Since you have mentioned in your question that you already have a child with the woman you want to marry, it obviously means that this is Zina(adultery). Therefore, any child born as a result of Zina is considered the Zani‘s(adulterer’s) offspring nor the Zani is considered the child’s father.

It is mentioned in a Hadith of Rasūlullāh Sallallāhu Alaihi Wa Sallam:

(الولد للفراش اللعاھر الحجر   (مشکوٰۃ کتاب النکاح، باب اللعان