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AbuNuh
02-02-2009 @ 10:51 PM    Notify Admin about this post
Abu Nuh Isa bin Freddie (Panama City, FL)
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Posts: 11
Joined: Dec 2008
          
Asalamu alaikum. I need some clarification. I was married in 2006 in a masjid in Atlanta. My wife's father who is a muslim was not present. Someone at the masjid acted as her wali. I was told to re-do the contract. We have two children. My question is this, do I still have rights over my children? We did what we did out of ignorance. Someone please help me. This is weighing heavy on my heart.

Abu_Ubayd
02-18-2009 @ 12:29 AM    Notify Admin about this post
Abu Ubayd Umar bin Patrick (Madinah, Saudi Arabia)
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Posts: 17
Joined: Nov 2007
          
Assalamu alaykum wa rahmatullahi wa barakaatuhu

Fatwas of Muslim women by Ibn Taymiyyah (Dar Al-Manarah for translation, publishing & distributing) pg 223:



quote:

Invalid marriage contracts  

When a man makes an invalid marriage contract and he had intercourse with his wife thinking that the contract is valid, the born baby belongs to him and they inherit each other according to the unanimous agreement of Muslims.  According to the unanimous agreement of Muslim scholars, this case is also applicable if the contract is invalid or there is controversy on its validity.  

...Even if a man had intercourse with a woman during on invalid marriage such as that made only for pleasure (Mut'ah), or a marriage held without a custodian and witnesses, but he believes it to be legal, the born child belongs to him.




During a sitting with Shaykh Zayd al Madkhali hafidhahullah, he also answered a question on a similar topic where the original marriage contract was conducted with the incorrect wali. He said the husband and wife should renew the contract and refrain from any physical contact until the contract had been renewed. He also said that any children born under the original marriage contract would belong to the man.

Wa Allaahu ta'aala a'lam.

...No person knows what he will earn tomorrow, and no person knows in what land he will die. Verily, Allah is All Knower, All Aware.(Luqman 31:34)

AbuNuh
02-22-2009 @ 5:21 PM    Notify Admin about this post
Abu Nuh Isa bin Freddie (Panama City, FL)
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Posts: 11
Joined: Dec 2008
          
Jazakallahu khayr.






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