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They Got Married While She Was Pregnant

 
Question:

Assalaamoe aleykum, Last year I met a man who was also a muslim, but like me got out of the way and was not practising anymore. We decided to marry with the promise that we would support each other in the islamic way and get straight again. On the day of the planned marriage I found out that I am pregnant. And now I am the mother of a beautiful child. Now my husband found on the internet that it is not allowed to marry a pregnant woman. We didn’t know that at the time of marriage. Also our child has the name of the father. We both started praying again and we want to raise our child in Islam. But is our marriage valid? And if not, what is the best way to correct our mistake. In the mean time my husband stays out of the house, because he doesn’t want to make more mistakes. I stay alone with the child. I hope you can advise us and it is my wish to keep the family together if Allah allows it. Thank you very much. Assalaamoe Aleykum

Answer:

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.

You did not clarify to us exactly the source of this pregnancy; if it is due to Zina (fornication or adultery), then you have to take the initiative to repent, and the conditions of sincere repentance are outlined in Fatwa 86527.

The jurists held different opinions about the ruling of the marriage of a pregnant woman from Zina; some of them allowed it while others forbade it.

In order to be on the safe side, it is more appropriate to invalidate such a marriage and conduct a new marriage contract. However, if there is any embarrassment in doing so, then there is nothing wrong with continuing your marriage and taking the concession granted by some scholars about its permissibility.

The majority of the scholars held that the child who was born out of wedlock is not traced back to the fornicator or adulterer by any means. However, some jurists held that if the fornicator or adulterer traces him back to him, then he is traced back to him provided that this pregnancy was not from a previous marriage.

The view of the majority of the scholars is the one that we adopt here at Islamweb. Nonetheless, it is acceptable to act according to the concession of those who held the view that it is allowable to trace him back to the fornicator or adulterer if there is any embarrassment in acting according to the view of the majority of the scholars.

Finally, it should be noted that if a woman got pregnant from a previous husband who separated from her either by death or divorce, then it is not permissible for her to marry before her waiting period ends. The waiting period of a pregnant woman is by giving birth to her pregnancy. Allah Says (what means): {And for those who are pregnant, their term is until they give birth.} [Quran 65:4]

For more benefit that the child is traced back to the fornicator (or adulterer) if he requests that the child be traced to him, please refer to Fataawa 97254 and 168603.

For more benefit on the marriage of a fornicator (adulterer) with the woman he committed Zina with before repentance, please refer to Fataawa 405622, 148021, and 378067.

Allah Knows best.

 

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