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The question

Is a valid marriage permissible if it occurred after a common-law marriage due to pregnancy, and is the child attributed to the husband?

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

If the customary marriage (zawaj 'urfi) took place without the woman's legal guardian (wali shari'i), it is invalid according to the majority of scholars. However, the child is attributed to the husband if they both believed in its validity. This marriage can be rectified by renewing the contract between the husband and the woman's guardian in the presence of two witnesses. If, however, the marriage took place with the guardian's consent and in the presence of two witnesses, but the contract was not registered in courts, then this contract is Islamically valid and does not need renewal. Documentation is not a condition for the validity of the marriage; rather, it is essential for preserving rights. Announcing the marriage is recommended (mustahabb) and not obligatory (wajib) according to the majority.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
173154
Imported
Translation status
Source text, unreviewed
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