Is a marriage concluded between a Muslim man and a non-Muslim foreign woman—who only believed in God but did not utter the Two Testimonies of Faith until after the marriage contract—a valid marriage, and what should they do, and would the newborn daughter be considered illegitimate if the marriage is null and void?

Uttering the Two Testimonies of Faith (Shahadatayn) is a condition for entering Islam for whoever is able to do so. If the wife did not utter the Two Testimonies before marriage, then the marriage contract was with a Christian woman.

It is permissible to marry a chaste Christian woman who has repented from adultery, but the marriage contract is not valid without a guardian (wali) according to the majority of jurists. The woman’s guardian must be of her own religion.

If the contract was performed by a judge or an authorized marriage official, it is not to be annulled.

If she uttered the Two Testimonies before the contract, and she had a Muslim guardian, the contract would not be valid because it was performed without a guardian. However, the contract is not to be annulled as long as it was performed in a notary public office, and it is preferable to renew the contract in the presence of her Muslim guardian.

A child born from an invalid or disputed marriage is attributed to the father if the father believed the marriage to be valid.