{"fatawa":{"id":9154,"title":"She got pregnant from him after the traditional ceremony and before the official ceremony","slug":"she-got-pregnant-from-him-after-the-traditional-ceremony-and-before-the-official-ceremony","order":"","question":"<p>The imam of a mosque proposed marriage to a woman, on the basis that  they would be engaged for five years, and he did the marriage contract  with her before a number of people, but before he announced his marriage  to her and before the marriage was officially registered, he had  intercourse with her without her family&rsquo;s knowledge, and when he decided  to announce the marriage with the daff (i.e., hold a wedding party) and  register the marriage officially, she was pregnant and there were only  three months left until the birth.&nbsp; <br \/> My questions are:&nbsp; <br \/> 1- What is the ruling on his marriage and what is the ruling on the child who is born as a result? <br \/> 2- Is the husband regarded as having done something haraam by doing this, or not? <br \/> 3- What is the ruling on praying behind this imam?.<\/p>","answer":"<div class=\"list-group-item-text ftwa-single-answer font-nrmal\"><span class=\"line_height\"> Praise be to Allaah.\r\n<p>Firstly:&nbsp;<\/p>\r\n<p>If the      marriage contract to which you refer met the conditions of proposal and      acceptance, and the presence of the woman&rsquo;s wali (guardian) and two      witnesses, and was done with the woman&rsquo;s consent, then this is a valid      marriage contract with all that that entails. The woman became his wife      thereby and it is permissible for her husband to be intimate with her,      including intercourse. But if he refrained from intercourse that would have      been better, in accordance with custom and so as to avoid the negative      consequences that result from that, such as suspicion and so on, especially      since the marriage was not registered officially.&nbsp;<\/p>\r\n<p>The child      who results from this marriage is legitimate and is to be named after his      father, because it is a valid marriage. See also question no.     <a href=\"http:\/\/islamqa.info\/en\/75026\">75026<\/a>.&nbsp;<\/p>\r\n<p>But if the      marriage did not fulfil the conditions, such as if there was no wali, then      it is an invalid marriage according to the majority of fuqaha&rsquo;, but the      child should still be attributed to his father.&nbsp;<\/p>\r\n<p>The one who      did this marriage contract although he knew that it was haraam, and had      intercourse after that, is a zaani (fornicator, adulterer) and is judged to      be a faasiq (rebellious evildoer) unless he repents and become righteous. &nbsp;<\/p>\r\n<p>Shaykh      al-Islam Ibn Taymiyah said in <em>al-Fataawa al-Kubra<\/em> (3\/326): Whoever      has intercourse with a woman in an invalid marriage believing that she is      his wife, his child from her is to be attributed to him, according to the      consensus of the Muslims. End quote.&nbsp;<\/p>\r\n<p>Secondly:&nbsp;<\/p>\r\n<p>With regard      to praying behind him, such prayers are valid, and what has happened does      not undermine his religious commitment and he is not judged to be a faasiq      (rebellious evildoer) because of it, because if the first marriage contract      was valid, there is no problem and that does not undermine his religious      commitment. But if it was invalid &ndash; such as if it was done without a wali &ndash;      and it seems that he did that believing it to be permissible, then he is not      sinning and he is not judged to be a faasiq because of that. &nbsp;<\/p>\r\n<p>But this      imam made a mistake by hastening to consummate the marriage before      announcing the marriage and registering it officially, because that opens      the door to gossip about him and his wife, and exposes him to talk. The one      who is in a position where he is an example for people &ndash;such as an imam,      teacher, mufti, qaadi and so on &ndash; should keep away from everything that may      impugn their dignity and open the door to doubt and suspicion about them.&nbsp;<\/p>\r\n<p>May Allaah      help us all to do that which He loves and which pleases Him.&nbsp;<\/p>\r\n<p>And Allaah      knows best.<\/p>\r\n<\/span><\/div>\r\n<div style=\"padding: 3px; padding-right: 6px; text-align: right;\">Islam Q&amp;A<\/div>","status":1,"created_at":"2015-02-02T21:51:57.000000Z","updated_at":"2015-02-02T21:51:57.000000Z","language_id":1,"fatawacate_id":36,"parent_id":9153,"author_id":"","books":[],"articles":[],"videos":[],"audios":[],"author_name":"","category_name":"\u0639\u0642\u062f \u0627\u0644\u0646\u0643\u0627\u062d","category_slug":"","get_date":"2015-02-02"},"translations":[],"fatawa_books":[],"fatawa_articles":[],"fatawa_videos":[],"fatawa_audios":[],"url":"http:\/\/islamland.com\/eng\/api\/fatawas\/9154"}