Ruling on one who marries a woman he believes to be a virgin, only to find she is pregnant
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The first message received was from the brother (A. M. K.), an Egyptian national residing in the Kingdom. He writes in his message: I married a woman who is not a relative of mine about a year ago. After the marriage, she fell ill, so I took her to a specialist gynecologist. After examining her, he told me: “Your wife is six months pregnant.” This happened about a month after I married her. Do I have the right to stay with her and treat her as a wife, and to protect her honor and chastity after what has happened, given that she is a virgin and I had no knowledge of this until after marrying her? Or is divorce better, even though I do not want to live with her and I have developed a psychological knot because of this? If divorce occurs, does she have any rights against me regarding gold and the like, and the mahr? Please advise us, may Allah reward you.
Answer: In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send blessings and peace upon the Messenger of Allah, upon his family and his Companions, and upon those who follow his guidance.
To proceed: This marriage is invalid because he found her pregnant, and the marriage of a pregnant woman is not valid for anyone other than her husband. It is authentic from the Messenger of Allah (peace and blessings be upon him): meaning: marrying a pregnant woman. Therefore, it is obligatory for you to separate from her and leave her.
As for what concerns the mahr and what concerns her rights, that is between you and her at the court if you do not reach an agreement on anything.
The point is that the marriage is invalid because she is a woman in her waiting period from someone other than you and pregnant from someone other than you, and the marriage is invalid. As for whether she was willing or forced into zina, and the causes of this pregnancy, that is a matter for the court, and for what the court deems sufficient regarding the matter of the woman, and the lawsuit between you and her regarding her rights. And Allah knows best. Yes.
The presenter: May Allah reward you. So he must separate from her?
The Shaykh: Yes.
The presenter: You have done well, and may Allah reward you.
Answer: In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send blessings and peace upon the Messenger of Allah, upon his family and his Companions, and upon those who follow his guidance.
To proceed: This marriage is invalid because he found her pregnant, and the marriage of a pregnant woman is not valid for anyone other than her husband. It is authentic from the Messenger of Allah (peace and blessings be upon him):
That he prohibited giving water to a slave’s crop belonging to another person
أنه نهى أن يسقي العبد زرع غيرهAs for what concerns the mahr and what concerns her rights, that is between you and her at the court if you do not reach an agreement on anything.
The point is that the marriage is invalid because she is a woman in her waiting period from someone other than you and pregnant from someone other than you, and the marriage is invalid. As for whether she was willing or forced into zina, and the causes of this pregnancy, that is a matter for the court, and for what the court deems sufficient regarding the matter of the woman, and the lawsuit between you and her regarding her rights. And Allah knows best. Yes.
The presenter: May Allah reward you. So he must separate from her?
The Shaykh: Yes.
The presenter: You have done well, and may Allah reward you.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.