What is to be done if, after marriage, a groom discovers that his bride is pregnant by her ex-husband?
Scholars have unanimously agreed that the waiting period (iddah) of a pregnant woman ends with her giving birth. It is not permissible to marry a woman who is in her iddah. If the marriage contract was invalid, then if no intercourse occurred, it is permissible for the husband to conclude a new contract with her after the iddah ends. If intercourse did occur, the Shafi'is, Hanafis, and Hanbalis have held that it is permissible for him to marry her with a new contract after the iddah. However, a group of scholars believes that she becomes permanently forbidden to him. Accordingly, the marriage contract of the aforementioned husband is invalid. If no intercourse occurred, there is no impediment to a new contract after she gives birth. But if intercourse did occur, it is more cautious for him to separate from her and seek another wife.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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