Q: I write to seek truth and guidance. Eight years ago at the age of 18, I met a 25 year old Muslim man and we entered into a serious relationship. Three months later I converted to Islam. We continued the relationship still, including zina. When we thought about marriage, both first marriages, we met with a sheikh to discuss an Islamic marriage, where he advised us to stay away from each other and to seek forgiveness and repentance before entering marriage. Unfortunately we did not comply, continuing sins even days before we preformed an Islamic marriage contract. Neither he nor I repented, separated, or observed a waiting period to see if pregnancy was apparent before the contract was made. Also, as a convert, I did not have a Wali when we did the marriage contract, and the actual contract states “herself”, as I was my own Wali. Now we have been together since and just gave birth to our second son. I am asking to know if our marriage is valid or invalid (batil), and also the status of our two children if they are legitimate or not and can inherit from their father according to Islam. Also where do I stand from his family, including his brothers and his father, if they are or ever were relatives of mine if the marriage never existed or is invalid and are they related to our two children in any way if invalid. Please advise.
A: It is valid as long as it was done in the presence of two adult male witnesses. If the nikaah is valid the children will also be legitimate.
And Allah Ta’ala (الله تعالى) knows best.
Answered by:
Mufti Ebrahim Salejee (Isipingo Beach)