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Can we defy our parents to be married and raise our child born out of wedlock?

Answered according to Hanafi Fiqh by Askimam.org

I am a white american girl who recently gave birth to a child whose father is a pakistani muslim currently residing in the UK. We wish to marry so that our son can be raised in a proper muslim environment. Problem arising- This man has not told his father of our child. He is afraid his father will not allow us to be married because I also have another child from a previous time. His mother knows and is all for the marriage. I have tried to take on this religion as my own but it is hard because we are so far apart and I do not have that environment present in every day life. Can we defy his father if he does not allow us to marry just so that we can raise this child properly? Are there any surrrahs in the Qu’ran or teachings in the hadiths to back up our decision to marry? Thank you very much.

Answer

Since the child was born out of wedlock, the father is not considered to be
the legal father of the child in Islamic law. However, since he is the
biological father of the child, he should take moral responsibility of the
child and rear him to the best of his ability.

Now, if he wants to marry you to take care of you and his biological child,
it is best he goes ahead. He should also explain the circumstances to hiw
own father and request his blessings for this marriage. His permission is
not necessary though laudable. He should try his level best in winning his
father over and explain the situation to him.

and Allah Ta’ala Knows Best

Mufti Muhammad Kadwa
FATWA DEPT.

CHECKED AND APPROVED CORRECT: Mufti Ebrahim Desai

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This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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