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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Ruling on the Marriage Contract with a Woman Pregnant from Zina

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The questioner: This questioner named himself Ali Hasan Hamidan, residing in al-Bajadiyyah. He says: I am a man who loves Islam and faith, and I am dutiful to my parents. I gather money and send it to my father so he can dispose of it as he wishes. However, my father married a woman who commits zina, and the contract was made for my father with her while she is pregnant from the path of zina. Before that, she had two children from zina as well. Is my father’s contract with her valid or invalid? And what should I do with him?
The answer: First, you must advise your father in a good manner and warn him of what Allah has forbidden for him. You should also instruct those who have influence over him, such as your relatives and neighbors, to advise him.
As for the contract with the woman who commits zina while she is pregnant, this contract is invalid, and it is not permissible to contract with her while she is pregnant. Rather, it is obligatory to wait for her until she is purified by a menstrual period, along with repentance. She must repent from her evil deed, otherwise, it is not permissible to marry her. This is based on 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 لا يَنكِحُ إلَّا زَانِيَةً أَوْ مُشْرِكَةً وَالزَّانِيَةُ لا يَنكِحُهَا إِلَّا زَانٍ أَوْ مُشْرِكٌ وَحُرِّمَ ذَلِكَ عَلَى الْمُؤْمِنِينَ
[Surat al-Nur: 3]. The believer should beware of this evil deed and not proceed to marry a woman known for zina except after her public repentance and knowledge thereof. After that, there is no harm, whether after she delivers the pregnancy if she is pregnant, or after her purification by a menstrual period or more if she is not pregnant, provided there is knowledge of her repentance, her return to Allah, and her regret for the evil that occurred from her. This is the obligatory course of action.
If your father married her while she was pregnant, her marriage is invalid. You must refer the matter to the court so that they can look into the case, punish the one who conducted the contract with her while she was pregnant, and deal with your father as he deserves. And Allah is the Helper. Yes.
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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