Negligence over negligence

Nowadays, we know how the youngsters are. Even before getting married, they already start living as husband and wife. But, how will one blame the youngsters when the so-called elders themselves are displaying similar conducts? If they themselves are doing it, it means that it is not worth expecting them to discipline the youth appropriately. What can the elders do in such a situation besides keeping quiet and approving the actions of the youth by their silence? Such an epoch has dawn where no one can tell anyone anything either because everyone feels vulnerable due to his own behaviour or to avoid getting into trouble or in order not to disturb the next person in his well-being. What is essential is that we all know that this filth is taking place around us.

Soon after, the youngsters happen to commit haraam whereby the girl falls pregnant. Here also, the parents have their share of responsibility in the sin. For what good reason do they delay in getting them married? They may have their reasons but in general, these reasons are not valid to authorise them to allow these youngsters to live in Haraam which could be avoided. Now they make inquiries. According to the information that they receive, it is not allowed to perform the Nikah of these youngsters because, supposedly, if the child is a girl, then it is as if the boy is marrying his daughter. This is not true and there is no proof which supports this. Otherwise, a man would not have the right to copulate with his wife when she is pregnant. Just like this is not true, the former opinion also is not true. On the contrary, the Nikah must be performed as soon as possible so that the child can be legitimate.

A child is legitimate when it is born at least six months after the Nikah. If he is born within six months after the Nikah, then he will not be legitimate. Now, if their Nikah is not performed and the birth of the child is awaited in order to perform the Nikah, then the child has already been tarnished even before he comes in this world. As much as possible, the honour of a person should be preserved. That is why if such a situation occurs, the Nikah should be performed as soon as possible so that the child may be legitimate. There is nothing in the Shariah that prevents them from performing Nikah.

[English version of "Négligence lors négligence" – Al Jamiat – Vol.7 No.10]