The Majlis Archive

Nikah (Marriage) - Talaaq (Divorce) The Majlis Vol 20 No 09, p.4

Is it correct that according to the Maaliki Math-hab a man may not marry the woman with whom he had fornicated?

Question

Is it correct that according to the Maaliki Math-hab a man may not marry the woman with whom he had fornicated? What is the view of the other Math-habs?

Answer

According to all Math-habs it is permissible for a fornicator to marry the woman with whom he had committed zina. However, according to the Maaliki Math-hab, the Nikah must take place after the 'iddat'. If the woman is pregnant, she must first give birth or if not pregnant, then the usual iddat of three periods will apply. After the iddat he can marry her. If he marries her within the iddat, nikah with her will not be valid, and in this case it will never be permissible for him to marry her. The everlasting prohibition applies if they had 'married' during the iddat.

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The Majlis Vol 20 No 09
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