What is the ruling on conducting a legitimate marriage contract for a girl who is pregnant as a result of fornication, in order to avert harm, knowing that it is not permissible to contract a marriage with her before she gives birth?
Scholars differ on the obligation of waiting period () for adultery. The Hanafis and Shafi'is hold that it is not obligatory due to the impurity of the adulterous fluid, and it is permissible to contract marriage with the adulteress before she gives birth. In contrast, the Malikis and Hanbalis maintain the obligation of iddah for the adulteress, and according to one opinion among them, she is purified with one menstrual cycle. Consequently, marriage is not permissible before the completion of the iddah.
It is permissible to adopt the first opinion in cases where there is a fear of loss of life, while emphasizing the necessity for both parties to repent. When performing the marriage contract, essential conditions such as the presence of a guardian (wali) and witnesses must be observed. The issue of attributing paternity to a child born from adultery remains; the majority of scholars attribute the child to the mother, while some scholars attribute the child to the adulterer if he marries the woman with whom he conceived.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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