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The question

What is to be done if, after marriage, a groom discovers that his bride is pregnant by her ex-husband?

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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 unanimously agreed that the waiting period () 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.

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Ftawy
Original fatwa ID
60481
Imported
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Source text, unreviewed
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