The Ruling on a Man Marrying a Pregnant Woman Who Committed Zina
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Question:
He says: Honorable Shaykh, may Allah grant you success. A man committed zina (unlawful sexual intercourse) with a woman, and she became pregnant from him. The man wants to marry her, even though he has turned to Allah in repentance. Is it a condition that she give birth, or is it not a condition?
Answer:
It is not permissible for a Muslim to marry a woman who has committed zina except under two conditions. The first condition is that she repents with a valid repentance from the zina, abandons it, feels remorse for it, and resolves not to return to it.
The second condition is that she observe the waiting period ('iddah); the waiting period is necessary so that she is not pregnant from the zina. Therefore, she must observe a waiting period of three menstrual cycles. If these two conditions are met, marriage to her is permissible. However, as long as she has not done so, marriage to her is not permissible, due to the saying of Allah the Exalted:[An-Nur 24:3]. Yes, this is the case where marriage to her is permissible. Yes, and this pregnancy is not attributed to him; it is the result of illicit intercourse, and it may be from someone else, as long as she is committing sin. What can prove that this child is from you? Therefore, it is not permissible for her. Yes. The Honorable Shaykh, may Allah grant you success, says: In the case of zina, the child is not attributed to the father, but only to the mother. Yes.
He says: Honorable Shaykh, may Allah grant you success. A man committed zina (unlawful sexual intercourse) with a woman, and she became pregnant from him. The man wants to marry her, even though he has turned to Allah in repentance. Is it a condition that she give birth, or is it not a condition?
Answer:
It is not permissible for a Muslim to marry a woman who has committed zina except under two conditions. The first condition is that she repents with a valid repentance from the zina, abandons it, feels remorse for it, and resolves not to return to it.
The second condition is that she observe the waiting period ('iddah); the waiting period is necessary so that she is not pregnant from the zina. Therefore, she must observe a waiting period of three menstrual cycles. If these two conditions are met, marriage to her is permissible. However, as long as she has not done so, marriage to her is not permissible, due to the saying of Allah the Exalted:
The fornicator does not marry except a [female] fornicator or polytheist, and none marries her except a fornicator or a polytheist, and that has been made unlawful to the believers.
الزَّانِي لَا يَنكِحُ إِلَّا زَانِيَةً أَوْ مُشْرِكَةً وَالزَّانِيَةُ لَا يَنكِحُهَا إِلَّا زَانٍ أَوْ مُشْرِكٌ وَحُرِّمَ ذَٰلِكَ عَلَى الْمُؤْمِنِينَ
Source
من زنى بامرأة وأراد الزواج منها — alfawzan.live
The Arabic text is a machine transcription of the audio recording.