Question
The Maaliki Imaam at the Musjid performed the Nikah of a pregnant woman. He was not aware that she was pregnant. Is the Nikah valid? And, what is the ruling of the Hanafi Math-hab? Will the child be legitimate?
Answer
The marriage of a pregnant woman is valid according to the Hanafi Math-hab. If the child is born six months after the date of Nikah, it will be legitimate. If it is born before six months, it will be illegitimate. In terms of the Maaliki Math-hab the Nikah is not valid because the woman is pregnant. They have to separate. There is no way of rectifying this grave error. Only after the woman has given birth can the Nikah be performed.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 21 No 03
- PDF page
- 2
Appears under Questions and Answers (approximate).