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The question

What is the ruling regarding a man who had intercourse with his wife after the marriage contract but before consummation, and then died while she was pregnant with his child, and neither party acknowledged the fetus?

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

If a Sharia-compliant marriage contract has been concluded, each spouse is permitted to enjoy the other, with the exception of intercourse, because custom dictates that intercourse should not occur until after consummation (Dukhool), and due to the potential harms that could result from intercourse before it. Scholars have permitted the husband to contact his wife after the contract and before consummation, and to be alone with her with her family's permission, provided there is no intercourse, because it carries a risk. Since intercourse has already occurred, consummation has taken place, and the fetus is attributed to the husband, based on the saying of the Messenger of Allah, peace and blessings be upon him: "The child is for the bed, and for the fornicator is the stone." A woman is considered a "bed" simply by virtue of the contract, along with the possibility of intercourse. Consequently, the wife inherits from the husband, is entitled to her full dowry, and must observe the 'iddah (waiting period) by giving birth. As for the denial of the husband's family, this is to be settled by the judiciary or through the intervention of benevolent individuals.

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

Read the full answer on Ftawy