Praise be to Allaah.
Islam forbids a woman to get married without
a wali (guardian), and it regards a marriage contract done without a wali as invalid. A kaafir cannot be the wali of a Muslim woman, so if none of
her family are Muslims, then the leader or mufti of the Muslims, or the imam of the Islamic center, should stand in as her wali.
Ibn Qudaamah said: A kaafir cannot be the wali of a Muslim woman under any circumstances,
according to scholarly consensus.
We have discussed all of the above, with
evidence and the comments of the scholars, please see the answers to questions no. 7989
So the marriage contract is not valid, and it
must be annulled and you have to keep away from your husband. The husband has to repeat the marriage contact in the manner prescribed in
sharee’ah, if he wants to be married to you. Try to get some good and righteous people to intervene and convince him to do that, and to correct
his mistake, as this is in your interests and the interests of your child. If he does not respond, then our advice is to forget about him, because
his words are not the words of a trustworthy man. His saying that he is “not ready for marriage” indicates that he only wanted to have intercourse
with you, and he did not want to adhere to the commands and laws of Allaah, and the commands to be the protector and maintainer of his wife.
See also the answer to question no.
It is not permissible for him to tell you to
have an abortion, and it is not permissible for you to have an abortion if the foetus has reached the stage where the soul has been breathed into
it. If you do that you will be killing a soul.
See also questions no
12118 and 13319 and
With regard to the child, it is valid to call
him after his father and he is not regarded as an illegitimate child, rather the scholars regard him as the child of a marriage contract with some
faults in it, and the child born of such a marriage is to be attributed to his father. See al-Mughni, 11/196
Remember that Allaah has guaranteed provision
for His slaves, and has promised that whoever fears Allaah, He will give him a way out.
So fear Allaah, put your trust in Him and
repent to him… Part of repenting means separating from this man, because the marriage contract is invalid, for there is no marriage without a
wali, as the Prophet (peace and blessings of Allaah be upon him) said. And when you do that you will be doing it only because it is the
command of Allaah.
Know that whoever gives up something for the
sake of Allaah, Allaah will compensate him or her with something better… May Allaah give you strength and make things easy for you.
And Allaah knows best.