The Majlis Archive

Nikah (Marriage) - Talaaq (Divorce) The Majlis Vol 27 No 08, p.3

I was 7 months pregnant when I married the man who was responsible for my pregnancy.

Question

I was 7 months pregnant when I married the man who was responsible for my pregnancy. A Maulana says that the Nikah was not valid due to me being pregnant. Is this right? Is the child legitimate? If the father claims that it is his child, what is the ruling?

Answer

The Maulana has erred. The Nikah was valid regardless of the Nikah having been performed while the woman was pregnant.

If the child was born less than six months from the date of the Nikah, then it is illegitimate. In the case mentioned by you, the child was born about two months after the Nikah, hence it is illegitimate.

Even if the biological father claims that it is his child, the child will be illegitimate since it was born less than six months after the Nikah.

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The Majlis Vol 27 No 08
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Appears under AN IBLEES & A SLUT (approximate).

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