i commited zina with a boy and fearing allah instead of giving
kuffarah i married the same boy in presence of qazi without my
elders/witness going against them.after three months i got concieved
and i gave birth to a baby boy in the month oframadan.in my 2.5 yrs of
my married life my husband has given talaq more than three times but
regret that it was done in immense anger and mentalpressure though he
loves me very much.knowing this my elders have advised to take qula as
i may indulge in a haram relation and i took qula with the intention
to keep away from haram even i love him very much and there was no
hatred between us.now we want to reunite in thelight of islam and what
is the status of my son as i fear he is haram because invalid
marriages are treated void by rasoolallah.what possibleislamic steps
to be taken to bond as a islamic wife and husband making ourbaby as
legal.please suggest soon as its only 5 days of my qula.
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
, is His Slave and Messenger.
Your question is a bit ambiguous as you did not mention whether or not
your marriage was with the consent of your guardian, and whether or
not you had witnesses for it at all, or you did nothave the elders of
your family as witnesses, but you had other people as witnesses.
Therefore, in our view, you should orally ask a trustworthy scholar in
your country about it. Nonetheless, wewill mention a general answer
here which will be in the following points:
1- It is an obligation to repent from Zina (fornication or adultery);
the conditions of a sincere repentance are mentioned in Fatwa 86527 ,
so please refer to it.
2- The marriage of a person who committed Zina to the woman with whom
he has committed Zina before they both repent and before making sure
that she is not pregnant from Zina isan issue upon which the jurists
differed in opinion. In this regard please refer to Fataawa 83176 and
89292 .
3- There are conditions that should be met for a marriage to be valid,
andthese are discussed in Fatwa 83629 . The most important of which
are the (consent of the) guardian and the presence of two witnesses.
If one of these conditions is not met, themarriage is void. However,
if there are children from this marriage, their lineage istraced back
to their father due to the doubt [i.e. due to the husband believing
that his marriage is valid] as we clarified in Fatwa 92478 .
4- The void marriage upon which there is a difference of opinion leads
to its effects; if the husband divorces, the divorce takes place. If
he divorces his wife three times, his wife becomes irrevocably
divorced from him with major separation and she is not lawful for him
again unless she marries another man who consummates the marriage with
her and then divorces her or dies.In cases where the husband can take
back his wife, then Khul' is considered as one irrevocable divorce
with minor separation and thehusband cannot take his wife back except
with a new contract. For more benefit on the kinds of divorce, please
refer to Fatwa 82541 .
5- If the three divorces are said at once, the divorce takes place
three times according to the view of the majority of the scholars
contrary to the view of Ibn Taymiyyah who is of the view that it takes
place once. For more benefit, please refer to Fataawa 82330 and 94110
.
6- Anger does not prevent divorce from taking place unless the person
does not know what he says. For more benefit on the divorce of an
angry person, please refer to Fataawa 121374 and 83467 .
Finally, we warn against illegitimate affectionate relationships
between boys and girls, as they are the source of much corruption and
evil.
Allaah Knows best.
No comments:
Post a Comment