The ruling of marrying a pregnant woman

[Umm Yoosuf]

Al-Imaam ‘Abdul-‘Azeez bin Baaz (rahimahullaah) discusses the ruling of marrying a pregnant woman

The ruling of marrying a woman who is (already) pregnant

Question: A question has come from a questioner with the initials ‘Ain, Meem, Khaa, who is of Egyptian nationality, and he lives in the Kingdom (i.e. Saudi Arabia). He says in his letter, “I married a woman who is not from my relatives, for a period of time that is going on approximately one year now, and after the marriage ceremony she became ill so I went with her to the doctor who particularly deals with women (i.e. gynecologist). So he said to me after examining her, ‘Verily your wife is in her sixth month of pregnancy.’ And this matter – meaning our going to the doctor – happened after I had only been married to her for approximately a month. So is it right for me to remain with her, and deal with her like a wife, and protect her reputation and honor after that which has happened, and she was (supposed to be) a virgin, and I didn’t know anything about this (her pregnancy) until I had already married her? Or is it better to divorce her, and this is while knowing that I do not want to live with her, and indeed I have developed some psychological issues due to her (because of what happened). And if divorce occurs does she have rights upon me regarding the gold (that he gave her for marriage), and other things, and the dowry? Please benefit me, and may Allaah benefit you.”


Answer: In the Name of Allaah, the Most Merciful, the Giver of Mercy. All praise is due to Allaah, and may prayers of blessing and peace be upon the Messenger of Allaah, and upon his family, and his companions, and whoever follows his guidance. Thus to proceed: This marriage is not valid, because it happened with a woman who was pregnant. And the marriage of a woman who is already pregnant is not correct, if the pregnancy is from a man other than the one who is marrying her. And it is authenticated from the Messenger of Allaah (sallallaahu ‘alayhi wa sallam) that he prohibited the slave of Allaah (i.e. a man) from watering the crop of someone else. This means marrying a woman who is pregnant. So what is obligatory, what is upon you is that you separate from her (i.e. divorce her), and leave her. In reference to what relates to her dowry, and to her rights then that is between you, her and the Mahkamah (Sharee’ah court), except that which you and her come to some agreement about between yourselves. So the intent here is that the marriage is not valid because of what happened from someone other than himself, and she was pregnant by someone other than himself, so the marriage is invalid. In reference to what relates to whether she willfully or by force (i.e. rape) committed fornication, and the causes of this pregnancy, this is something that is connected to the Mahkamah (Sharee’ah court), and the judgment will suffice in reference to what relates to that, in reference to the woman and what relates to her rights. And Allaah knows best. Yes.

Reader: May Allaah bless you, so he must separate from her (i.e. divorce)?

Shaikh: Yes.

Source (audio file): http://www.ibnbaz.org.sa/index.php?p...e=audio&id=194

[Naheezah]

jazaaks 4 dat info sis didnt know dat...i feel sorry 4 da man ..poor fellow..i mean discovering dat his wife is pregnant frm some1 else after his marriage 2 her...i suggest we make duahz so that our akhi n ukhtiy do not fall into dis kind of situation...may Allah protect us frm all evils Ameen.

[Snowflake]

Thanks for sharing sis. We don't usually think what would happen in cases like this. Man, we learn somthing new everyday. I do feel sorry for the guy. Also it may be that the woman didn't know she was pregnant. It does happen.

[limitless]

:sl:

No wonder, women are so restricted. And they say, men are horrible, its the women who make men do such things.

I'm glad I won't be getting married!

:w:

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['Abd al-Baari]

jazakkalh for the info

[Naheezah]

:sl:

I'm glad I won't be getting married!

:w:

heyy u shuldnt say dat bro...marriage is part of our imaan!!:happy:

[Muslim Woman]

I seek refuge in Allah (The One God) from the Satan (devil) the cursed, the rejected

With the name of ALLAH (swt) -The Bestower Of Unlimited Mercy, The Continously Merciful


Assalamu Alaikum Wa Rahmatullahi Wa Barakatuh (May the peace, mercy and blessings of Allah be upon you)


&&&

And the marriage of a woman who is already pregnant is not correct, if the pregnancy is from a man other than the one who is marrying her

--------does it mean for a pregnant woman , marrying the man who is responsible for it is allowed ?



limitless: No wonder, women are so restricted. And they say, men are horrible, its the women who make men do such things.

I'm glad I won't be getting married!


__ just hearing from one side , we must not judge any one. May be , she was a rape victim.....totally innocent ; may be the husband just wants to get rid of her ; so accusing her ....this story could be true , could be false .

But , what do u mean by No wonder, women are so restricted ? Many men are evil & Do's & Don'ts are almost same for both men & women.

Anyway , even if this story is true , it should not prevent u from marrying. Getting married is like fulfulling half of the Deen....so , don't get frustrated & do marry.

[khazina]

mashallah may ALLAH give every brother the tafeeq ameen