He says in his letter: I hope to know the ruling of the Islamic Shari'ah regarding a man who married a girl, and about a month before the marriage he met with her, and she was in this state before her marriage a wrongdoer, and so was he.
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The questioner : He says in his letter: I hope to present or know the ruling of the Islamic Shari'ah regarding a man who married a girl, and about a month before the marriage he met with her, and she was in this state before her marriage a wrongdoer, and so was he. So I hope to know the ruling of the Islamic Shari'ah, and whether their marriage is permissible or valid or not. May you be greatly rewarded.
The Shaykh : If his connection with her was before consummation and after the contract, meaning before the wedding ceremony was held but after the contract, then there is nothing wrong with it, because she is his wife since he contracted with her. But if she was only engaged and the contract has not yet been completed, then this is forbidden for him, and it is unlawful sexual intercourse, because she is a stranger to him until the contract is completed over her. In this case, it is obligatory for both of them to repent to Allah. If they repent to Allah and turn back from what they did, she becomes lawful for him.
The questioner : Yes.
The Shaykh : But in this case, if he marries her, he must wait for her to have a menstrual cycle, meaning he must not have intercourse with her until she menstruates, because it is possible that she became pregnant from the first intercourse that occurred before the marriage contract. This child who came from the first intercourse before the marriage contract is considered a child of unlawful sexual intercourse, a child of zina, and is not attributed to his father because he is not on a valid Islamic contract.
The questioner : Yes.
The Shaykh : Unless this man who had intercourse, or this man, has a doubt and believes that he is having intercourse with her in a lawful manner, in which case the child would be born from intercourse under a doubt and would be attributed to his father. Yes.
The questioner : From Jordan, from Amman, he sent this letter. A'id 'Atiyyah al-Shayufi or al-Shayukhi.
The Shaykh : If his connection with her was before consummation and after the contract, meaning before the wedding ceremony was held but after the contract, then there is nothing wrong with it, because she is his wife since he contracted with her. But if she was only engaged and the contract has not yet been completed, then this is forbidden for him, and it is unlawful sexual intercourse, because she is a stranger to him until the contract is completed over her. In this case, it is obligatory for both of them to repent to Allah. If they repent to Allah and turn back from what they did, she becomes lawful for him.
The questioner : Yes.
The Shaykh : But in this case, if he marries her, he must wait for her to have a menstrual cycle, meaning he must not have intercourse with her until she menstruates, because it is possible that she became pregnant from the first intercourse that occurred before the marriage contract. This child who came from the first intercourse before the marriage contract is considered a child of unlawful sexual intercourse, a child of zina, and is not attributed to his father because he is not on a valid Islamic contract.
The questioner : Yes.
The Shaykh : Unless this man who had intercourse, or this man, has a doubt and believes that he is having intercourse with her in a lawful manner, in which case the child would be born from intercourse under a doubt and would be attributed to his father. Yes.
The questioner : From Jordan, from Amman, he sent this letter. A'id 'Atiyyah al-Shayufi or al-Shayukhi.