Back to search

What is the ruling regarding a child born two days after the legitimate marriage contract, when the pregnancy occurred before the contract, and is the child attributed to his father?

1 min readAlso available in العربية

The answer can be summarized in four points:

1. Reciting Al-Fatiha when proposing to a woman or at the marriage contract has no basis [in Islamic law]. The suitor's words to the woman's guardian are sufficient. It is commendable to recite Khutbat al-Hajah (the sermon of need) at the time of the contract. The presence of the tribe does not affect the validity of the contract; the presence of the husband, the guardian, and two just witnesses is sufficient. It is commendable to publicize the marriage and conceal the engagement.

2. For a suitor to sit with his fiancée or go out with her is forbidden, because she is a stranger to him until the marriage contract is concluded.

3. If a man has intercourse with a woman before a valid marriage contract, his act is pure fornication, and the child born from it is a child of fornication, attributed only to its mother.

4. Marriage to a woman with whom one has committed fornication while she is pregnant is invalid, and it must be renewed after repentance.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy