Is the marriage done if the wife was pregnant during the nikah?
In the name of Allah, the most Beneficent, the most Merciful.
Answer
It is permissible to marry a woman who is pregnant irrespective of whether the man she is marrying is the father of the child or not. The only difference is if the man is the father of the unborn child he would be able to have intercourse with her whereas in the situation where the man is not the father of the child, he would not be allowed to have intercourse with her until she gives birth to the child. (Hidayah p.312 v.2)
The evidence of marrying women who are pregnant is substantiated from the following verse in the Holy Qur’an:
“And [also prohibited to you are all] married women except those your right hands possess. [This is] the decree of Allah upon you. And lawful to you are [all others] beyond these, [provided] that you seek them [in marriage] with [gifts from] your property…” (Surah Nisa v.24)
The impermissibility of having sexual intercourse with a woman who one is marrying but pregnant with another man’s child can be derived from the following hadith:
Ruwayfi ibn Thabit Al Ansari (radi allahu anhu) narrates that the Prophet (Sallal lahu alayhi wa sallam) said on the day of Hunayn: “It is unlawful for a man who believes in Allah and the last day that he waters the plant of another.” (Sunan Abu Dawuud p.311 v.1 & Sunan Tirmizi p.274 v.1)
Only Allah Knows Best
Mohammed Tosir Miah
Darul Ifta Birmingham.
