ينصب النسب للولد خلق دون زواج بغير ولي
bn Qudamah says in the Mughni:
If it is clear ( that a woman can marry without the consent of the Wallie) and believes in it (ruling) there is no sin upon them nor is there punishment for it because they are from among the Faru'aa rulings (sub branches) that are differed upon (among the Scholars). As for the one who believes it's Haram (it's ruling) and pursues init he should be punished for it but not capital punishment. Furthermore if a child is born from both (marriage with or without a Wallie) the child is attributed to him (the father) either way.
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