Mufti Online — Madrasah Ta'leemuddeen

Lineage of a child that was born through an invalid nikaah

· 8 Dhuʻl-Qiʻdah 1446 AH1 min readEnglish

Question

If a man divorces his wife with three talaqs and remarries her without hullah (intervening marriage), and a child is born from this marriage, will the lineage be established?

Answer

After the husband issued the third talaaq, it was haraam for them to continue living together. However, since a nikaah was performed (though invalid), the child's lineage will be established from him.

He should immediately seperate from her and they both should make sincere taubah for living in haraam after the nikaah had terminated.

And Allah Ta'ala (الله تعالى) knows best.

Answered by
Mufti Zakaria Makada
Checked & approved by
Mufti Ebrahim Salejee (Isipingo Beach)
View original Compare with other Darul Iftas
Questions about this ruling, answered only from the archive with sources.

Where scholars differ, it’s safer to take the more cautious view.

Fatawa SA is an independent, read-only index of fatawa already published by Mufti Online — Madrasah Ta'leemuddeen. It is not a fatwa service. For your own situation, please ask a Mufti. Report an issue

For corrections or mistakes, please email us at fatawasa786@gmail.com.

Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/35758
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-35758

People also ask

What is needed for a valid nikah?

“A nikaah without witnesses is not valid. Hence, no nikaah had taken place. You do not have to inform your father of what had transpired in the past. Just make taubah and beg Allah Ta'ala's forgiveness for getting involved in a…”

Mufti Online · 184 fatawa from 5 Darul Iftas on this

What the Darul Iftas say

Related fatawa