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Making a secret nikaah after committing zina

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: I have been in a relationship with a boy for the past year and it resulted in us both committing a disgraceful act and has resulted in a child. We have repented and asked for taubah and want the baby to be legitimate in the eyes of Allah by performing nikaah. The problem is with my mother, she does not agree to this and says I am too young and also she is not religiously inclined when it comes to marriage in Islam. She says that I am 17 and cannot do this without her consent. I was wondering if there are any ways to make nikaah secretly until we can do it openly. My first priortity is my child and I want to do this properly and the boy and his family agree to this.

Bismillaah

A: If he is of the same social standing as you then the nikaah is valid provided it is done in the presence of at least 2 adult Muslim male witnesses. However, the child will remain illegitimate.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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