Fatwa ID: 01290

Answered by Mufti Mohammed Tosir Miah

Question:

I know this person from past ten years who was non-Muslim and got converted to Islam in 2008 and we got married in 2009. Later in Jan, 2012 I came to know that he is already married in 2004 when he was Hindu and now he has 1 year kid with his Hindu wife and at the time of having relation with his Hindu wife he has already accepted Islam. Please advise me that whether our marriage is valid according to Islam?
For the above relation after knowing the truth he has promised me to be on Islam and divorce his 1st wife and he will continue to be on Islam?

Answer:

In the name of Allah, the most Beneficent, the most Merciful.

The child born outside wedlock is traced back to his mother's lineage and to her family. The rules of Hijab apply to him in relation to his relatives from the mother's side only. The child’s Wali is from the mother's side and the child will inherit from the mother’s side. (See Durre Mandhuud p.84 v.5)

Regarding your question, as soon as your husband converted to Islam and his ex-Hindu wife failed to convert to Islam, the marriage broke. Therefore, the son who was born afterwards through illegal intercourse will be considered as illegitimate.

Your marriage with your husband will still remain intact even though he had committed adultery with someone. (Aapke Masaail p.188 v.5)

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham