What is the ruling on marrying a woman after she has been divorced in absentia, knowing that she is pregnant and does not know by whom she became pregnant?
The issue of establishing paternity in an unregistered marriage is complex and requires submission to the court or to scholars. If the marriage was without a guardian (wali), witnesses, or public declaration, it is invalid by consensus. However, if it was without a guardian but with witnesses, then it is considered a فساد (corrupt) marriage by the majority of scholars.
As for the pregnancy: if the second man consummated the marriage with her after the completion of her from you, then the child belongs to him, provided he believed his marriage was valid. If he consummated the marriage with her before the completion of her iddah from you, then the marriage contract is corrupt, and they must be separated.
Regarding the pregnancy: If she gives birth less than six months after your separation, the child is attributed to you. If she gives birth six months or more after your separation, but before four years, then recourse is made to al-Qafah (tracing lineage through physical resemblances) or DNA testing to determine paternity.
Finally, if you divorce your current wife, there is no impediment to marrying her again after the completion of her iddah.
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