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:

Dear brother

Please advise rewgarding the following ...

1. A muslim woman married a non Muslim & lived with him for 10 years, gave birth to 2 children & even participated in their religious rituals. She has realized her mistake & has come back to the fold of Islam divorced her husband & is currently living with her parents along with her children.  Please advise the following ...

A.  We were told that in this case that the woman needs to be lashed while, some others say it is not neccessary. Please advise the correct Islamic view point on this

B.  What is the status of the children

       
C.  What else needs to be done

2.  A born muslim maried a christian woman however, the children were not raised as muslims. They too had pariticpated in other religious ceremonies & rituals.  I cant say for sure whether he practised Islam however, he died recently & was given a islamic burial.  In this case ... what is the status of the children are they to be considered as muslims or christians ??

(the children are in their late thirties & have children of their own too & they consider to be christians)

(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:

Children of illegitimate 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 none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Your Statement: A muslim woman married a non Muslim

Allah Says in the Holy Quran Chapter 2 Surah Baqarah Verse 221 (part):

…..Nor marry (your girls) to disbelievers until they believe….

The marriage between a believing woman and a disbelieving man is absolutely and categorically forbidden and prohibited in Shariah Law…such a marriage will have absolutely no legal basis, and will be deemed null and void in the Sight of Allah Subhanah and in the Sight of Shariah Law.

Your Question: We were told that in this case that the woman needs to be lashed while, some

others say it is not neccessary. Please advise the correct Islamic view point on this

The only authorities who have the right to prescribe any Shariah punishment are the appointed Judges of the Shariah Court….if an individual living in a believing society has committed a crime, the accused will be brought before a Shariah Court and evidence will be presented against them….. if the Shariah Judge has enough evidence to find the accused guilty, he has the right to extract the prescribed Shariah punishment from the convict.

No individual in their individual capacity has a right in Islam to extract the prescribed Shariah punishment for a crime from any individual! It is the Shariah Court who will decide based on the evidence presented whether the accused is innocent or guilty, and if guilty, prescribe the appropriate Shariah punishment.

If a believing woman ‘married’ a disbeliever in ignorance of the Laws of Shariah, and subsequently realized her grave sin and error and has repented and amended her conduct, her case is with Allah Subhanah. If the sister is indeed sincerely repentant, it is expected that she will find her Lord Forgiving and Merciful.

Allah says in the Holy Quran Chapter 39 Surah Zumur verses 53-54:

(O Prophet) say: “O My servants who have wronged their own souls….Do not despair of Allah’s Mercy! Surely, Allah forgives all sins. He indeed is the All Forgiving, All Merciful. Return to your Lord and submit to Him before the scourge overtakes you; for then you may get no help from anywhere.”

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."

Al-Tirmidhi Hadith 2357 Narrated by Abdullah ibn Mas'ud

Allah's Messenger (saws) said, "He who repents of a sin is like him who has committed no sin."

Al-Tirmidhi Hadith 2338 Narrated by Abdullah ibn Umar

Allah's Messenger (saws) said, "Allah accepts a servant's repentance (taubah) till he gives up his spirit in death."

Your Question: What is the status of the children

First and foremost, the children born of an illegitimate marriage will be considered absolutely blameless and innocent of the sin of their parents in the Sight of Allah Subhanah.

But because the children were born of an illegitimate marriage, they will have no legal relationship with their biological father in the Sight of Shariah Law. They will be recognized by their mother’s name, they will inherit their mother, and their mother will inherit from them.

They will not be known by their biological father’s name, the biological father will hold no legal responsibility towards them, nor would the children hold any legal responsibility for their biological father, their biological father will not inherit from them, nor will the children inherit their biological father.

Your Question: What else needs to be done

If the sister has realized her manifest and grave error, turned unto her Lord Creator in sincere ‘taubah’ and repentance, and subsequently amended her conduct and separated permanently from her illegal ‘husband’…….there is nothing much she needs to do to manifest her repentance except remain constant in seeking forgiveness from her Lord Most Merciful and redouble her efforts in the pursuit of good deeds. It is expected that she will find her Lord Forgiving and Merciful.

Your Question: A born muslim maried a christian woman….

Allah Says in the Holy Quran Chapter 5 Surah Maidah verse 5:

5 This day are (all) things good and pure made lawful unto you. The food of the People of the Book is lawful unto you and yours is lawful unto them. (Lawful unto you in marriage) are (not only) chaste women who are believers but chaste women among the People of the Book (Jews and Chrisitans) revealed before your time when ye give them their due dowers and desire chastity not lewdness nor secret intrigues. If anyone rejects faith fruitless is his work and in the Hereafter he will be in the ranks of those who have lost (all spiritual good).

Provided all the obligatory conditions of a Shariah marriage were fulfilled, a marriage between a believer and a chaste woman from amongst the ‘People of the Book’ (Jews or Christians) is absolutely legal and lawful in Shariah Law.

Your Question: In this case ... what is the status of the children are they to be considered as

muslims or christians ??

The children resulting from a marriage between a believer and a Christian woman will be absolutely legal in Shariah, and unless and until the children themselves verbally declare apostasy from Islam, they will be considered to be ‘muslims’ in the Sight of Shariah Law.

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

Your brother and well wisher in Islam,

Burhan