Fatwa ID: 04380
Answered by: Imam Abdul-Malik Sheikh
Asalamu Alaikum. If someone has a girlfriend before marriage and after marrying and he also is in a relationship with ladies and one of them gives birth to a baby from this man and the man has kids from his wife as well after a long time of marriage and now wife knows everything.
At the time man said he’d leave everything like this. The wife is not satisfied. She asks what should she do, leave her husband, or stay with him for her children's sake?
What do to that baby because the man gave him/her his family name?
بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم
In the name of Allah, the Most Gracious, the Most Merciful
I would firstly like to remind you non-marital relationship is prohibited and a major sin in Islam. Not only is Zina prohibited but everything that leads to it is also Haram. Allah says in the Qur’an:
“And come not near to Zinā. Verily, it is a great sin” (Isra:32)
It was narrated from Abu Hurayrah that the Prophet (peace and blessings of Allah be upon him) said:
“Allah has decreed for every son of Adam his share of Zina, which he will inevitably commit. The Zina of the eyes is looking, the Zina of the tongue is speaking, one may wish and desire, and the private parts confirm that or deny it.” (Bukhari & Muslim)
The husband should be made aware that what he is doing is a major sin. The only way the relationship can be legitimized is through marriage. However, if you feel that he has no interest in maintaining his relationship with you and he persists in maintaining the illegal/adulterous relationship, you may ask for a divorce. If he refuses to give divorce, in order to cause you harm, then you may seek annulment of the marriage through your local shariah court or Ulama council. (1)
With regards to the children that are born from the adulterous relationship. They will be ascribed to their mother and will not enjoy the same status as children that are born from the wife. (2)
Only Allah knows best
Written by Imam Abdul-Malik Sheikh
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
Badā’i al-Sanā’i Fi Tartīb al-Sharā’i of Imām al-Kāsāni, Vol 3 p.605, Darul Hadith, Cairo
Badā’i al-Sanā’i Fi Tartīb al-Sharā’i of Imām al-Kāsāni, Vol 8 p.464, Darul Hadith, Cairo