A Muslim girl married a non-Muslim man under the Indian law
13-7-2009 | IslamWeb
Question:
asalaam alaikum, I know one muslim gal who is living with non-muslim guy.(* they married as per indian law in court/registration n which is non valid as per islam) Now she is 5 months pregnant as a result of ZINA. what should be possible solution for this? Gal's parents dont want to leave her like that. They want her to come home with out that guy. They are not willing to accpet him(that guy) even if accepts islam. what should be solution for this. If she want to come leaving him then after what are the things she should do? what are the chances of her getting married to muslim guy ? should she tell her past to the new guy(whom she will marry as per islam)? what should be done to the born baby? I am in big dilemma. Please help me? Insha allah. I will get response Jazakallah
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.
The marriage of a Muslim woman with a non-Muslim man is void according to the consensus of the scholars 
as we clarified in Fatwa 84265.
Therefore, this woman is obliged to immediately separate from this man and it is not permissible for her to stay with him or to allow him to have sexual intercourse with her as long as he is still a non-Muslim.
Moreover, if she had married him while she knew that she was forbidden from marrying him, then she had indeed committed a great sin and she must sincerely repent to Allaah, seek His Forgiveness and perform good deeds.
As regards the baby, it will be traced back to that man but he follows his mother in her religion, so he is ruled to be a Muslim as we clarified in Fatwa 81957.
If this woman wants to marry, she is not permitted to do so unless she gives birth, but she is not obliged to tell her past to her husband; rather, she is obliged to conceal her sin.
In case the man who impregnated her becomes a Muslim, and he becomes pleasing in his religion and moral conduct, then it is permissible for her to marry him.