Fatwa ID: 02681

Answered by: Maulana Imran Mughal

Question:

If a girl got pregnant from Zina and She is married to another man and without his knowledge she is pregnant. Is this marriage valid? because the girl can't tell him . If marriage is valid pls give reference from hadees because some scholars are saying that pregnant women cannot  make nikkah… thanks

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

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

Firstly, it is important to understand the grave sin of zina. It is evident that zina is the cause of many dangers and problems in or society today, which brew more difficulties on people of all walks of life. It is for this reason, that our religion has prohibited such acts and legislated nikah.

Sincere repentance must be made in order for Allah to, Inshallah, forgive these sins.

If a girl were to fall pregnant from a correct marriage, then her waiting period would be to give birth to that baby, meaning that she will not be allowed to marry or propose until that period is over. This ruling is derived from the Holy Quran where Allah says:

“And for those who are pregnant, their term is until they give birth.”[1]

However, for a girl who has fallen pregnant from zina, there is no specific waiting period, due to the fact that the waiting period is only stipulated in a correct nikah (marriage).

Therefore, one would be allowed to get married but they cannot consummate the marriage until the child is born.[2]

At the same time, if the girl is pretending to not be pregnant and wants to marry the individual to pass it off that indeed the child she has is his, then she will be severely sinful.

And if the situation would continue as is, and later on the families to find out it will cause more of an issue for both families.

She must inform the individual she is marrying that she is with child, otherwise, this will be a form of deception and possibly a major sin in the eyes of Allah.

And Allah SWT alone knows best.

Answered by Maulana Imran Mughal

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham