Marraige during pregnancy

Fatwa ID: 02251

Answered by Eunus Ali

Question:

I have intercourse with my lover and now I am 3 weaks pregnant plz tell me can we do sharainikah the nikah without nikahnama and proofs? Plz rep as soon as possible

Answer:

Bismillah

Firstly, there are 2 requirements which need to be completed at the time of marriage for it to be valid in Islam:

  1. The proposal and acceptance (Ijaab and Qabool): At the time of performing the marriage there should be categorical acceptance from both parties.

For example: The Imam conducting the marriage addresses the girl or her representative, “So and so (groom) has sent you a marriage proposal, have you accepted the marriage proposal?” They clearly reply to this “yes, I have accepted the.” The similar case is with the boy.

  1. Presence Witnesses: There needs to be either 2 males or 1 male and 2 females who witness the marriage who meet the following criteria:
  1. Muslim
  2. Sane
  3. Mature (Baligh)
  4. : If any of these criteria are not met, the person cannot participate as a witness.

(Marriage- A Complete Solution, Page 44-45, JKN Pulications)

Keeping the above in mind, it is not aShariah requirement that it be registered or documented. (Fatwa Mahmoodiyyah, Volume 10. Page 600, DarulIftaaJamiahFarooqiyyah)

Conclusion: When the above mentioned 2 points are fulfilled the marriage will be valid in Shariah, however if any of them is not fulfilled the marriage will be invalid.

Secondly,it is necessary to mention that when a pregnancy occurs out of wedlock, it is permissible for the women to marry whilst pregnant; however it will not be permissible for the couple to consummate the marriage until the birth of the child. (Al-Badai As-Sanai, Volume 4, Page 423, DarulKutubulIlmiyyah&Allubaab Fi SharhilKitaab, Page 486, )

Only Allah knows best

Written by Eunus Ali

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

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