A man married a woman who was pregnant from him through unlawful intercourse. Is the marriage under this contract valid, and is the child attributed to him?
Machine translationRead the Arabic original
The questioner : May the mercy and blessings of Allah be upon you.
The Shaykh : And upon you be peace, and Allah's mercy and blessings.
The questioner : A man married a woman who was pregnant from him through unlawful intercourse. The question is: Is the contract valid, and is the child attributed to him?
The Shaykh : This issue requires a specific answer. One must look at whether this actually occurred or not, and also look at the doubts surrounding it and the like. In any case: the fornicating woman’s marriage is not permissible except after repentance, and likewise, the fornicator’s marriage is not valid except after repentance. This is based on the saying of Allah, Blessed and Exalted is He:[An-Nur 24:3] As for this specific case, it requires a specific fatwa.
The questioner : This is clear.
The Shaykh : No, it is not clear to you. You have gained the benefit that, if Allah wills, you will ask about it and we will look into the matter.
The Shaykh : And upon you be peace, and Allah's mercy and blessings.
The questioner : A man married a woman who was pregnant from him through unlawful intercourse. The question is: Is the contract valid, and is the child attributed to him?
The Shaykh : This issue requires a specific answer. One must look at whether this actually occurred or not, and also look at the doubts surrounding it and the like. In any case: the fornicating woman’s marriage is not permissible except after repentance, and likewise, the fornicator’s marriage is not valid except after repentance. This is based on the saying of Allah, Blessed and Exalted is He:
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 لا يَنْكِحُ إِلَّا زَانِيَةً أَوْ مُشْرِكَةً وَالزَّانِيَةُ لا يَنْكِحُهَا إِلَّا زَانٍ أَوْ مُشْرِكٌ وَحُرِّمَ ذَلِكَ عَلَى الْمُؤْمِنِينَThe questioner : This is clear.
The Shaykh : No, it is not clear to you. You have gained the benefit that, if Allah wills, you will ask about it and we will look into the matter.