Lineage of a child that was born through an invalid nikaah

Q: If a man divorces his wife with three talaqs and remarries her without hullah (intervening marriage), and a child is born from this marriage, will the lineage be established?

A: After the husband issued the third talaaq, it was haraam for them to continue living together. However, since a nikaah was performed (though invalid), the child's lineage will be established from him. 

He should immediately seperate from her and they both should make sincere taubah for living in haraam after the nikaah had terminated.

And Allah Ta'ala (الله تعالى) knows best.

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)