The Ruling on Contracting Marriage with a Pregnant Woman
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Question:
After this, we move on to the issue raised by our brother, Yusuf Umar Ali al-Somali. The brother says: It has spread among people in the present time a call, and a fatwa that permits contracting marriage with an unmarried pregnant woman, whether by the one who impregnated her or by someone else. He says that this topic has spread, and he asks your Eminence to address it, to warn people of its seriousness, and to clarify the Shari'ah ruling in it. May Allah reward you with good.
Answer:
A woman who is pregnant, whether from fornication or from other than fornication, it is not permissible to contract marriage with her until she is purified, by the saying of the Prophet (peace and blessings be upon him), or rather by the saying of Allah (Glorified and Exalted is He) : [Al-Talaq:4], and by the saying of the Prophet (peace and blessings be upon him) who forbade us: Jami` at-Tirmidhi 1131Hasan (Darussalam) meaning: his semen meaning: the pregnancy of another.
So if she is pregnant from a divorced man, or from a deceased man, she has no right to marry until she delivers the child. And if she is pregnant from fornication, she has no right to marry, neither the fornicator nor anyone else, until she delivers; because her pregnancy is tainted with semen that is not attributed to the fornicator, nor to anyone else, but is attributed to her mother. So the child is not attributed to the fornicator, just as the Prophet (peace and blessings be upon him) said:Sunan Ibn Majah 2006Sahih (Darussalam).
So the child belongs to his mother if she is not on a bed (i.e., not married), and if she is on a bed, the child belongs to her husband. And the fornicator takes the Shari'ah limit (punishment). So if she becomes pregnant and she is not a married woman, it is not permissible to marry her absolutely in any land of Allah until she delivers the child. So when she delivers the child, it is permissible for her to marry after repentance, returning to Allah, and turning back in repentance. It is permissible for a Muslim to marry her after repentance. Yes.
The presenter: May Allah reward you with good, and may He do you good.
After this, we move on to the issue raised by our brother, Yusuf Umar Ali al-Somali. The brother says: It has spread among people in the present time a call, and a fatwa that permits contracting marriage with an unmarried pregnant woman, whether by the one who impregnated her or by someone else. He says that this topic has spread, and he asks your Eminence to address it, to warn people of its seriousness, and to clarify the Shari'ah ruling in it. May Allah reward you with good.
Answer:
A woman who is pregnant, whether from fornication or from other than fornication, it is not permissible to contract marriage with her until she is purified, by the saying of the Prophet (peace and blessings be upon him), or rather by the saying of Allah (Glorified and Exalted is He) :
And for those who are pregnant, their term is until they give birth
وَأُوْلاتُ الأَحْمَالِ أَجَلُهُنَّ أَنْ يَضَعْنَ حَمْلَهُنَّWhoever believes in Allah and the Last Day, then he does not levy his water on someone else's child.
من كان يؤمن بالله واليوم الآخر، فلا يسقي ماءه زرع غيرهthe crop of another
زرع غيرهSo if she is pregnant from a divorced man, or from a deceased man, she has no right to marry until she delivers the child. And if she is pregnant from fornication, she has no right to marry, neither the fornicator nor anyone else, until she delivers; because her pregnancy is tainted with semen that is not attributed to the fornicator, nor to anyone else, but is attributed to her mother. So the child is not attributed to the fornicator, just as the Prophet (peace and blessings be upon him) said:
The child is for the bed (i.e., belongs to the husband) and the fornicator gets nothing!
الولد للفراش، وللعاهر الحجرSo the child belongs to his mother if she is not on a bed (i.e., not married), and if she is on a bed, the child belongs to her husband. And the fornicator takes the Shari'ah limit (punishment). So if she becomes pregnant and she is not a married woman, it is not permissible to marry her absolutely in any land of Allah until she delivers the child. So when she delivers the child, it is permissible for her to marry after repentance, returning to Allah, and turning back in repentance. It is permissible for a Muslim to marry her after repentance. Yes.
The presenter: May Allah reward you with good, and may He do you good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.