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Does the questioner belong to his father, and is he obligated to maintain ties of kinship with him, given that his mother conceived him before the marriage contract, which took place without the father's presence, and that she has repented and divorced his father?

2 min readAlso available in العربية

Marriage (Nikah) has pillars without which it cannot be concluded: the presence of the woman's guardian (wali) or his representative, two just witnesses, and a formula indicating the contract.

For the formula, it suffices that the suitor requests marriage from the guardian, and the guardian says: "I have married you" or "I have done so."

If the offer and acceptance occurred in the presence of witnesses, and the pregnancy occurred before the marriage was publicized, then the marriage is valid, and the child is attributed to the mother's husband.

The child is attributed to the mother's husband even if no offer, acceptance, or witnessing took place, provided the husband believed the marriage to be valid based on the father's consent, and the husband had intercourse with the woman believing that he had thereby become her husband. Ibn Taymiyyah said: "Muslims are in agreement that every marriage which the husband believed to be permissible, if he has intercourse in it, his child is attributed to him and they inherit from each other by agreement of the Muslims, even if that marriage is invalid in and of itself by agreement of the Muslims."

However, if pregnancy occurred before the legal contract, and the mother's husband did not believe the marriage to be valid, the majority of scholars hold that the child is not attributed to him. Some, like Abu Hanifa, maintain the validity of attributing the child to him.

In summary: The child is attributed to the mother's husband in two cases: 1. If the pillars of marriage were fulfilled before pregnancy, or if the mother's husband believed the intercourse with the mother of the child to be lawful before she became pregnant with him. 2. If the contract was concluded with the mother of the child after she became pregnant with him, and her husband did not believe the intercourse to be lawful before the contract (this is according to Abu Hanifa and those who agree with him).

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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