The Majlis Archive
Nikah (Marriage) - Talaaq (Divorce) The Majlis Vol 28 No 07, p.5

A couple fornicated.

Question

A couple fornicated. The woman is pregnant. They want to perform Nikah. However, the Imaam says that the Nikah cannot be performed whilst she is pregnant. Only after the child is born can the Nikah be performed. A friend says that this is not correct. What is the ruling of the Shariah in this scenario?

Answer

If the Imaam is a follower of the Maaliki Math-hab, then his fatwa is correct. According to the Hanafi Math-hab, the man can marry her even if she is pregnant. But if you are a Maaliki, then you have to adopt the fatwa of the Maaliki Math-hab.

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The Majlis Vol 28 No 07
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5

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