Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

i am young trinidadian brother who is really need off opinions of those who have been in this situation, or can help.

I have a new born baby with a person I have not gotten married to, I guessing my haraam reason for what I did was only because the things we dicussed about islam with me and her was very appealing and i honestly tought we would have really have a happy home, now the baby is born, she and her family has full controll over the child and I am left out, altough, i make a genuine effort 2 support the cause i am being shunned by some , things they have done that offended me.

They did not allow me to shave her here, I was not given a chance to the right of the baby caryying my name,they took the child to a caeholic churc without out the permission or letting me know,her parents now are her biggest influence that she has which they are claiming all that they have done is right, she knows what is the right thing but she goe;s along with them,not giving me the chance to the rights of my baby,.

Each and everytime i go there i really feel upset like somewhat like insanity so i leave , and I think its in my right to do so cause it affects the child, now i stay way and support the child financially, please in form me what must be done to help this situation, please all who read can email me personally , all I was looking for is proper family life in a way I know Allah, would have been pleased with me.I have done a grevious sin by now marrying her and i guess this is the penalty 4 my actions

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

Answer:

Baby born before marriage

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad(saws) is His slave-servant and the seal of His Messengers.

Beloved brother in Islam, first and foremost you must sincerely seek repentance and forgiveness from the Merciful Lord for the grave sin of ‘zina’; Insha Allah, you will find the Lord Merciful and Forgiving.

Allah says in the Holy Quran Chapter 6 Surah Anaam verse 54:When those come to you who believe in Our Signs, say: "Peace be on you! Your Lord had inscribed for Himself (the rule of) Mercy. Verily if any of you did evil in ignorance, and thereafter repented and amended (his conduct), Lo! He is Oft-Forgiving, Most Merciful."

In view of Islamic Law, if the child is born out of wedlock, the father shall have no legal rights over this child; nor will the child carry or be known by the name of his father; nor can the child inherit from his father; nor can the father inherit from his child; nor will the father be given legal custody of the child. Under Islamic Law, the child will stay with the mother, will carry and be known by his mother’s name, will be a legal heir to the property of his mother, and the mother will inherit his property. The father of the child born out of wedlock has absolutely no legal right towards the child in Islam.

The child will be considered absolutely innocent in the sight of Islamic Law and will not be blamed for any of the actions of his parents. And if the mother of the child insists that the father have nothing to do with the child’s upbringing; she is well within her rights to do so.

The best solution to the dilemma is to accept the reality of the matter, and if the mother is from the Jewish or Christian religion or if she agrees to accept Islam, the two of you can get married and raise the child together. Even in such a situation, the child will not carry or be known by your name; he will always be known by the name of his mother and she will always remain her primary custodian and guardian.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength.

Your Brother in Islam,

Burhan