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Shiavault - a Vault of Shia Islamic Books Your Questions Answered (volume 2) Question: What Are the Necessary Points That May Lead To Counting a Child As Illegitimately Born ? Answer: If the man and woman at the time of the conception of the child were not married to each other lawfully (or, at least, were not under the impression of already being lawfully married) the child will be illegitimate. Question: Can a child born illegitimately be converted to being lawfully born? Answer: No.

Question: Suppose a man makes a girl pregnant before they are married (but both of them aimed at marriage and could not control their sexual urge till their marriage), will the child be counted as illegitimately born? Answer: Yes. He will still be illegitimate.

📌Remember that Islam does not allow a person to mingle with a member of opposite sex (who is not within his/her prohibited degree - like mother, father, sister, brother, father-in-law, mother-in-law, uncle, nephew etc.) or with whom he/she is not legally married. For this reason, the mixing of men and women who are strangers to each other (in the sense mentioned above) is strictly prohibited in Islam. And the wisdom of this rule can be very well confirmed by the subject of your question itself.

Now, if somebody breaks a law, he must be prepared to suffer its consequences. If the said man and woman were so anxious to save their offspring from the stigma of illegitimacy, they should have remained separate till marriage. Or, alternatively, they could have married themselves before indulging in their sexual activities. After all, marriage in Islam is a very simple and swift process.

It is a matter between the man and the woman and reciting the formula of Nikah is not the prerogative of any sheikh or scholar. Any body can perform his/her own Nikah, provided he/she is adult and discreet and of sound mind, and provided they observe all the conditions of reciting that formula. There is no other ritual or function to solemnize the marriage. If, in spite of all these facilities, they did not marry before sexual intercourse, they have themselves to blame for the consequences.

Question: According to Sunnis, a child born unlawfully is to be put to death. So are the father and mother of such a child. Is this correct to punish someone for the mother's offence, while the Qur'an says that 'no one will carry another's load ?' Answer: Your information is not correct. The child is not to be punished.

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