Fatwa ID: 02706

Answered by: Moulana Tahsin Alam

Question:

Assalamualaikum

I know that we have committed sin by getting in the relationship but now we are out of it.

However, I have become pregnant. Originally I was Christian and my partner is Muslim.

At the time I met him, I didn't know anything about Islam, but slowly I got to learn about Islam and Muslim people, and I really regret that I didn't start it halal!

But at the moment we are not seeing each other, as we're trying to find out if there is something we can do at this point!

As he is Sunni, he went to his Imam and asked him if we can get married, but he said that we can't as I am pregnant and that the Nikah will not be valid! I have read so many versions.

People say that you can and some that you can't, it is really confusing and upsetting!

Please could you answer if it is possible! Either way could you please provide with a Hadith or some reference! As I have read some, they more go to already married women or to a woman that could be pregnant from someone other than a man who she wanted to get married!

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

In the name of Allah, the Most Gracious, the Most Merciful.

Answer:

Walaikumusalam

A woman pregnant by a valid nikāh (marriage) is in ʿiddah (waiting period) until she delivers her baby, she may not get married until her ʿiddah is completed.

A woman pregnant by zinā (unlawful relationship outside marriage) is permitted to marry, with the condition her husband does not have intercourse with her until she delivers her baby (if the baby is not the husband’s).^[1]

Only Allah knows best

Written by Maulana Tahsin Alam

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

^[1]Imam Marghinani, Al-Hidayah Sharh Bidayatul Mubtadi (Karachi: Maktabah Bushra, 2014) volume 3 pg. 21.

​