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:

assalam alaicom,
i got married to a man from a bohra belief,i belong to sunni,he is going to the mosque during friday frayers,but still he is praying 3 times a day is this consedered that our relation is in a good way.
can our married be valied,we are married in my country in the presence of my brother,uncle and many more but my doubt is the imam just make asome dua for us the reason is i was pregnant in that time.is that consedered that we are legally married, my parents are both dead.my husband is giving me some jewelery but nothing is pronounce as a mahar, please give me your idea about my question
can my chilren ligitimate.as we just got dua in our married,
wassalam, sister in islam 

(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:

Married to bohra man

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.

The following are the obligatory conditions for a marriage to be recognized as legal and valid in Shariah:

1. The proposal by the man and acceptance by the bride.
2. The agreement of ‘mehr’
3. Two witnesses to the marriage contract
4. The presence and agreement of the ‘wali’ or guardian of the bride.

If the above four conditions of marriage were met, the marriage between a muslim man and a muslim woman will be recognized as legal and valid in the sight of Shariah.

Your Question: can my chilren ligitimate.as we just got dua in our married,
The reading or not reading of the dua or supplication by the Qadi or person performing the marriage has absolutely no bearing on the legality of the Nikaah. If the above four conditions listed above of the Nikkah were met, the children born out of this marriage will be considered absolutely legal in the sight of Shariah.

But if the woman is pregnant before the Nikaah was performed, then the child will indeed be an illegitimate child. The burden of the sin will be completely and absolutely borne by the parents of the child; and the child will be considered absolutely innocent, free of any guilt, or any sin whatsoever. He will be respected and honored as a human being and will be recognized by his own deeds; he will not be discriminated upon by the society in the least for what his parents have done.

In Islamic Law, a child who is born out of wedlock will not carry the name of the father, but will be recognized by the name of the mother instead, and he will not be a legal heir of his father.

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