Premarital affairs

Answered according to Hanafi Fiqh by

Q: Last year, my girlfriend became pregnant. I tried to make things right by making Nikaah (I did not make Nikaah immediately). Unfortunately, things got complicated and I think under the influence of her mother and family members, she wants nothing to do with me and doesn’t allow me to see my child. In fact, she has taken out a court injunction against me so I cannot make any contact with her or the child or else I will go to prison on the premise that if I see the child she fears that I will abduct the child and take the child to Pakistan. Her family is adamant that they do not want me to have anything to do with her or the child! I have tried to talk in an amicable manner with her but to no avail. I have not seen her or the child for about 3 or 4 months now. I send things for the child via a third party. I wanted to know Islamically, what can I do about this? What advice can Hazrat give me? Do I divorce her? How can I get to see my child again? I am aware that I have made a terrible mistake and I have asked Allah for forgiveness but I am struggling inside. My heart is burning because I cannot see my child.


A: When you say that she became pregnant without nikaah then this is not your child and you have no obligations towards the child. This child will be attributed to his mother.

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


Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)