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I've known a friend for few years, she had been divorced previously with a son to take care of on her own and then she got of the track for a little bit and was with a guy for few months without doing nikah and she conceived his child.

As soon as he discovered that she was with his child, he refused to own the child as father and wanted to get rid of that child. If she refused, he would beat her up, to manipulate her physically, mentally and in any way possible, to convince her do it. But she said she won't do it as it's murder of that little soul and she wasn't prepared to do this sin. He won't accept it but carried on beating and torturing her to change her mind. So she left him, with no means left for him to get back to her or contact her for the sake of that child and repented for what she has done. Now the baby is due in a week or so.

She is concerned about the child having an unpaternal upbringing, and having no means ownership to him as a father. She requested that I make nikah with her and give the child my name to secure its paternity values in the society.

My question is: Is it halal or right just to make nikah just for the sake of giving my name to a child as father?

We don't have any intention of being in an Islamic marriage except that particular purpose. Can I have your guidance on this according to Allah (SWT) and his Rasool (PBUH). She can't ask for marriage from the biological father, as he's a real threat to the child's life. Considering that she lives in Pakistan, they would be in real danger if she sees the guy.

  • If she thought that taking a life is a sin then, zina is also the most serious of major sins after shirk and murder. – Muslim Oct 11 '15 at 4:00
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‘Indeed actions are but by intentions and indeed every person will have what they intended.’

Answer to your purpose/intention to do nikah is to support the unborn:-

Narrated by Abu Dhar:

The Prophet said, "If somebody claims to be the son of any other than his real father knowingly, he but disbelieves in Allah, and if somebody claims to belong to some folk to whom he does not belong, let such a person take his place in the (Hell) Fire." (sunnah.com)

Narrated by Wathila bin Al-Asqa:

Allah's Apostle said, "Verily, one of the worst lies is to claim falsely to be the son of someone other than one's real father, or to claim to have had a dream one has not had, or to attribute to me what I have not said." (sunnah.com)

Narrated by 'Aisha:

Abu Hudhaifa bin 'Utba bin Rabi'a bin Abdi Shams who had witnessed the battle of Badr along with the Prophet adopted Salim as his son, to whom he married his niece, Hind bint Al-Walid bin 'Utba bin Rabi'a; and Salim was the freed slave of an Ansar woman, just as the Prophet had adopted Zaid as his son. It was the custom in the Pre-lslamic Period that if somebody adopted a boy, the people would call him the son of the adoptive father and he would be the latter's heir. But when Allah revealed the Divine Verses: 'Call them by (the names of) their fathers . . . your freed-slaves,' (33.5) the adopted persons were called by their fathers' names. The one whose father was not known, would be regarded as a Maula and your brother in religion. Later on Sahla bint Suhail bin 'Amr Al-Quraishi Al-'Amiri and she was the wife of Abu- Hudhaifa bin 'Utba came to the Prophet and said, "O Allah's Apostle! We used to consider Salim as our (adopted) son, and now Allah has revealed what you know (regarding adopted sons)." The sub-narrator then mentioned the rest of the narration. (sunnah.com)

In my opinion, if the real father refuses to give his surname to the child, then let the mother give her name to the child until she re-marries.


Conclusion on another issue concerning temporary nikah (nikah with no intention to marry):-

Narrated by Jabir bin 'Abdullah and Salama bin Al-Akwa':

While we were in an army, Allah's Apostle came to us and said, "You have been allowed to do the Mut'a (marriage), so do it." (sunnah.com)

Salama bin Al-Akwa' said: Allah's Apostle's said:

"If a man and a woman agree (to marry temporarily), their marriage should last for three nights, and if they like to continue, they can do so; and if they want to separate, they can do so." I do not know whether that was only for us or for all the people in general. Abu Abdullah (Al-Bukhari) said: Ali made it clear that the Prophet said, "The Mut'a marriage has been cancelled (made unlawful)." (sunnah.com)

  • Alhamdulillah. I recommend closing your query by marking the 'tick' mark to my post. (Below the vote down arrow) – Muslim Oct 15 '15 at 11:47

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