Question:
I have a child who is 22 months old, but I am not married to his mother. Now I am thinking to get married to my baby�s mother, but I hear this may not be lawful for me. What can I do?

Answer:
If this child was born outside of wedlock, then he is not to be considered your son and may not be attributed to you. He may not inherit from you and you may not inherit from him. You do not have guardianship over him. This is the case even if his mother had never had a relationship with any other man.

If you have repented for your sinful deed and now wish to bring up that child and be good to him, this is both permissible and commendable. If the mother of this child has also repented from adultery and turned to modesty and is avoiding bad places and bad relationships with men, then you may marry her.

However, it is unlawful for you to marry this woman if she unrepentant or is in the habit of fornicating, whether it was you who used to engage in sin with her or others.

Allah says: �The adulterer cannot marry anyone but an adulteress or an idolatress, and the adulteress cannot marry anyone but an adulterer or an idolater. To the believers, such a thing is forbidden.� [S�rah al-N�r: 3] .

He says: �Women impure are for men impure, and men impure for women impure and women of purity are for men of purity, and men of purity are for women of purity.� [S�rah al-N�r: 26]

True repentance takes either party out of the ruling of this verse. Therefore, someone who used to commit fornication and has repented cannot marry someone who continues to commit fornication or is simply unrepentant.

And Allah knows best.

Responded by: Sheikh S�m� al-M�jid