A woman whose marriage contract was concluded while she was pregnant from an unlawful relationship: what is the validity of this contract?
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Question:
May Allah reward you, Honorable Shaykh. This questioner says: A woman’s marriage contract was concluded while she was pregnant from an unlawful relationship. What is the validity of this contract?
Answer:
The contract is invalid. A contract with a woman who is pregnant by another man is invalid. However, if the pregnancy is from him through a valid marriage, and she is pregnant by him through a valid marriage, and then he divorced her with a final divorce (divorce that is not revocable) of less than three, and she is pregnant, he may contract marriage with her, because the pregnancy is from him and the pregnancy is from a valid contract. As for a woman who is pregnant from fornication, she is not to be contracted for marriage. It is not permissible to contract marriage with her until she delivers what is in her womb and repents with a valid repentance from fornication. At that time, he may contract marriage with her. Yes.
May Allah reward you, Honorable Shaykh. This questioner says: A woman’s marriage contract was concluded while she was pregnant from an unlawful relationship. What is the validity of this contract?
Answer:
The contract is invalid. A contract with a woman who is pregnant by another man is invalid. However, if the pregnancy is from him through a valid marriage, and she is pregnant by him through a valid marriage, and then he divorced her with a final divorce (divorce that is not revocable) of less than three, and she is pregnant, he may contract marriage with her, because the pregnancy is from him and the pregnancy is from a valid contract. As for a woman who is pregnant from fornication, she is not to be contracted for marriage. It is not permissible to contract marriage with her until she delivers what is in her womb and repents with a valid repentance from fornication. At that time, he may contract marriage with her. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، [23 -954] امرأة عقد نكاحها وهي حامل من علاقة غير شرعية، فما صحة هذا العقد؟ الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
