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Marriage to Non-muslim and now expecting a child. Situation tense, brother wants to know what he could do.

Answered as per Hanafi Fiqh by Askimam.org

Sidi i am a student of knowledge by myself as well but am in a difficult position at the moment. I feel ashamed to say it that my brother has married a non-muslim(Atheisat) person and it has been almost 1 1/2 yr. I have constantly argued about this thing with him. And now they are expecting a child. I dont want to break up as i am the only one telling him to stop it. He says that what will happen when I will leave the women, I cant just desert her and what the child. I replied by saying that no matter what he say its wrong as she is not even Ahlul Kitaab and also said that try to convert her to Muslim, if not that then Christian etc. Sidi now that they are expecting and the person is non-Muslims what he should do about him self, women and then expected child and where do i stand. Please advise. wassalam-o-alaikum

Answer

May Almighty Allah Ta’ala accept your efforts behind your brother, Aameen.

Your suggestion to convert the woman to Islam is the only alternative. Advise your brother of the fear of Allah, death and accountability in the court of Allah. These beliefs are the only driving force in the life of a Muslim. His marriage to the non-Muslim (not Ahlul-Kitaab also) is not valid in the Shari?ah. His living with her is Zina (adulterous) and incurs the wrath of Allah. The child will be illegitimate if the woman does not revert to Islam before 6 months of birth and perform an Islamic Nikah.

Also get some Muslim female to advise the woman and give her Da?awah to Islam. Whatever you do, do so with wisdom. Also make du’aa to Allah Ta’ala to put effect in your efforts. May Allah Ta’ala crown your efforts with success, Aameen.

and Allah Ta’ala Knows Best

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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