Darul Iftaa Mahmudiyyah

Who would be the legal father of the child?

Published as what if the woman gets pregnant due to intercourse performed during halaala. Who would be the legal father of the child?

· 17 Jumada I 1427 AH1 min readFatwa 14326English

Question

If a couple gets divorced and they want to remarry, they have to do halaala before getting married again. My question is what if the woman gets pregnant due to intercourse performed during halaala. Who would be the legal father of the child? What’s the Shariah ruling on it?

Answer

If a husband divorced his wife three times, the wife will have to go through the process of Halaalah if she wishes to reconcile with her ex-husband. The process of Halaalah is a legitimate marriage. If the wife is conceived with the new husband during Halaalah, he (the new husband) will be the father of the child.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai

Answered by
Mufti Ebrahim Desai
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Source: Darul Iftaa Mahmudiyyah — https://askimam.org/public/question_detail/14326
Fatawa SA: https://fatawa.co.za/fatwa/askimam-14326

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