Fatwa ID: 04380

Answered by: Imam Abdul-Malik Sheikh

Question

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?

The wife is upset that if the baby of another lady becomes an adult and claims of her/his father. So what she will do, what does Islam say for this couple?

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

Answer:

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

1. Badā’i al-Sanā’i Fi Tartīb al-Sharā’i of Imām al-Kāsāni, Vol 3 p.605, Darul Hadith, Cairo

2. Badā’i al-Sanā’i Fi Tartīb al-Sharā’i of Imām al-Kāsāni, Vol 8 p.464, Darul Hadith, Cairo