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The question

What is the ruling on a pregnant woman, in her third month, marrying her male cousin—who claims to be responsible for the pregnancy—without a legitimate Islamic marriage, with the knowledge of both families?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

A group of the early and later scholars, including Ahmad ibn Hanbal and Shaykh al-Islam Ibn Taymiyyah, are of the view that it is forbidden to marry an adulteress until she repents, based on the verse: "The fornicator does not marry except a fornicator or a polytheist, and none marries the fornicator except a fornicator or a polytheist, and that has been forbidden to the believers."

Scholars have differed on the issue of marrying an adulteress, falling into two main opinions: 1. Prohibition until she delivers her child (if pregnant): This is the view of the Maliki and Hanbali schools, who cited the of Abu Sa'id: "A pregnant woman should not be approached until she delivers, nor a non-pregnant woman until she has a menstrual period." 2. Permissibility: This is the view of Abu Hanifa and Ash-Shafi'i, though they differed on conjugal relations after the marriage contract; Ash-Shafi'i permitted it, while Abu Hanifa prohibited it until she delivers her child.

The preponderant view is the prohibition of marrying an adulteress until she repents, and the obligation of istibra' (waiting period to ascertain absence of pregnancy) by delivering the child if she is pregnant. As for the child, it is not attributed to the fornicator according to the majority of scholars.

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Original fatwa ID
52585
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