Marrying a pregnant woman
Question
1. If a female conceived a baby from her illegal relationship before nikaah and married the same male afterwards, will the nikaah be valid one?
Does it have to be repeated?
2. If the conceived female married another male instead of the actual father of the fetus (hiding the matter), will the nikaah with the pregnant female be valid?
Answer
1) Yes, the nikaah will be valid. However, if the child is born within 6 months from the time the nikaah was performed, then the child will be regarded as an illegitimate child. The child will only be attributed to the mother, and will not be attributed to the biological father. If the child is born after 6 months from the time the nikaah was performed, then the child will be regarded as a legitimate child.
2) Yes, the nikaah will be valid.
And Allah Ta'ala (الله تعالى) knows best.
- Answered by
- Mufti Zakaria Makada
- Checked & approved by
- Mufti Ebrahim Salejee (Isipingo Beach)
Where scholars differ, it’s safer to take the more cautious view.
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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/32444
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-32444