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The question

What is the ruling on a marriage concluded Islamically without civil registration, and is it permissible to continue in it, knowing that there was an intention for marriage from the beginning of the relationship and the wife became pregnant before the completion of the contract?

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

Scholars have differed regarding the permissibility of marrying a pregnant fornicatress. Some permit it after she gives birth, while others permit it before that. The Shafi'is and Hanafis permit the fornicator to have sexual intercourse with the pregnant fornicatress. However, it is not permissible for anyone other than the fornicator to have sexual intercourse with her until she gives birth.

As for the lineage of the child born of fornication, the majority of scholars hold that it is not attributed to the father, but rather to the mother. Some scholars, however, permit the attribution of the child of fornication to the father if he acknowledges him and the mother was not married.

Delaying the documentation of the marriage does not affect its validity if the conditions of a valid marriage are met.

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Ftawy
Original fatwa ID
92796
Imported
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