Is the marriage valid, and is it sufficient for the wife to return [to her husband] until she gives birth, deposit the child in a shelter, and then return as a wife? And is it permissible for the husband to stipulate that he will not touch her?
If a contract of marriage is made with a pregnant woman, the contract is invalid according to the more preponderant opinion, and she must be given the dowry. The evidence for this is that the Prophet, peace and blessings be upon him, separated a man from a woman he had married and found to be pregnant. He inflicted the prescribed punishment upon her and ruled that she was entitled to the dowry. Consequently, she cannot return to him except with a new contract after she gives birth, and her repentance and the completion of her waiting period are stipulated. The questioner has no right to compel the woman to abandon her right to the dowry. The child is a child of zina (fornication/adultery) and is not attributed to him. The woman must repent from zina.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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