Married in court to an outcaste
28-9-2005 | IslamWeb
Question:
I would like to ask that if a person married to outcaste and not perform Nikaah and did court marriage and have a child now can they perform Nikaah. What is the value of this marriage the boy is Muslim does the girl get her Shariah right? Can Nikaah be performing after having child?
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.
A marriage can not be valid Islamicly unless it meets certain conditions; some of the important conditions are marrying in the presence of the guardian of the woman (or his consent) and two witnesses. If the marriage is conducted without fulfilling such conditions then the marriage is invalid according to the majority of the Muslim scholars. The Prophet 
said: "Any woman who is married off without the consent of her guardian, her marriage is invalid." [Abu Daawood] So, the marriage should be cancelled and the child should be traced back to the father because in any marriage, if the marrying person believes it is a sound contract, then the child from such a marriage is traced back to the father even if it did not meet the conditions.
If the man (husband) wants to continue the living with this girl (wife) he should renew the marriage contract in the presence of her guardian and two witnesses after waiting one menses or giving birth if she is pregnant. This is if the woman is Muslim or from the people of the Book; otherwise, marrying her is forbidden. Allaah Says (which means): {And do not marry Al-Mushrikaat (idolatresses, etc.) till they believe (worship Allaah Alone).}[Quran 2:221].
We do not know what do you mean by 'what is the value of this marriage'? If the marriage is completed according to Islam it results in making lawful enjoying the woman, bearing her expenditure, being obliged to pay dowry if he enjoys her, tracing the child to the father and the like.
We warn you of two matters:
First, the criterion in choosing a spouse is religion and good moral conduct; cast or class is not taken into consideration. However, if it leads to the failure of the married life then it could be a decisive factor.
Second, it is better to avoid marrying a Christian or a Jewish woman particularly in the cotemporary time since it leads to many harms and affects adversely on the children. So, it is better to marry a Muslim woman.
Allaah Knows best.