📜 Akad nikah · #36
Can one marry a woman pregnant out of wedlock?
This is a disputed issue. The Shafi'i school permits a contract with a woman pregnant through zina, whether by the man who committed zina with her or another man, because a pregnancy from zina does not require an ʿiddah.
The Hanbali school, however, requires the woman to repent and wait until she gives birth. Nevertheless, the contract does not make the child legitimate if born less than six lunar months from the date of the akad; questions of the child's lineage, wali and inheritance are subject to the state fatwa. Seek advice from the religious affairs office and a counsellor. See Custody (hadhanah) & lineage and Counselling.
The Hanbali school, however, requires the woman to repent and wait until she gives birth. Nevertheless, the contract does not make the child legitimate if born less than six lunar months from the date of the akad; questions of the child's lineage, wali and inheritance are subject to the state fatwa. Seek advice from the religious affairs office and a counsellor. See Custody (hadhanah) & lineage and Counselling.
Difference between schools. The Hanbalis require repentance and an ʿiddah (until she gives birth); the Malikis also require that the woman's womb first be confirmed clear.
Sources
Surah al-Furqan 25:70Surah al-Ahqaf 46:15