Deceived into an illegal marriage
19-8-2002 | IslamWeb
Question:
I have a real problem. I was born in a non-Arab country. My parents died when I was seven years old. I am a Muslim, but I didn't know anything about religion. I met a girl and we wanted to marry. A friend told me about a Muslim sheikh in my city. I didn't know anything except Shahadah. This man married us in a very strange spiritual way and so weird that I did not understand a word. After one year when I began to learn Arabic I discovered the marriage papers he gave us were really some application papers written in Arabic. The man was not a Sheikh and not even a Muslim. So, I am not married and now have a child by my wife. Are the years I lived with my wife considered Zina? When we found out we were not married, we immediately lived apart in separate houses. What should we do now?
Answer:
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad 
is His slave and Messenger.
We value highly the concern of the questioner about his religion and seeking what is Halal.
Know that marriage in Islam requires the consent and presence of the guardian of the woman, the presence of two witnesses, dowry, and approval of the two parties. The Prophet said: “Marriage is not valid except with (the consent and presence of) the guardian” [Ahmad]
The guardian is the father of the bride, or her son, or her brother, or a person who can act on their behalf. A guardian should be pubescent, sane and a Muslim; possessing the quality of honesty is not a condition.
‘Aa’ishah 
said that the Prophet said: “Four people should be present in the marriage: the guardian, a husband and two witnesses.” [al-Daaraqutni]
If a person was in an environment where the above mentioned factors were not available and he lacked knowledge and married in a way that he thought was a legal way; then in this case, we hope that he is not considered a sinner and it was not Zina (fornication or adultery) either, since he was ignorant and did what he could.
Allah Says (what means): {Allah does not charge a soul except [with that within] its capacity.} [Quran 2: 286]
However, after knowing the legal way of marriage he should renew his marriage fulfilling all the conditions mentioned above.
Allah knows best.