Keeping a Woman Without Nikah Does Not Establish the Lineage of Her Children

Question

Question: Bakr keeps a woman without nikah. Some days later Zayd’s wedding takes place, and Bakr goes there as the qadi (the one who conducts the nikah ceremony) and recites Zayd’s nikah. The question is: is Zayd’s nikah valid or not? And will Bakr’s children have established lineage (nasab) or not?

Answer

Bakr’s keeping a woman without having contracted nikah is a grave sin. Despite this, the nikah of Zayd that he performed as qadi did not become invalid because of this wrongful conduct of his; rather, that nikah is valid, and Zayd’s children will have established lineage (nasab). If Bakr has had children without nikah, their lineage will not be established from Bakr.

Source: Fatawa Mahmudiyya

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