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Nikaah Marriage and divorce in pregnancy

Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

 

One of our brothers/sisters has asked this question:

I have a question...which somebody asked me and confused me.....

The question is that:

 

If a girl gets pregnent before marriage....can she do Nikah during her Pregnency?

If yes then plz give me refrences from Hadees and if any in Quran then from there too.

and if No then also tell me the reasons behind that!

 

And can a women be divorced during pregnency? or does she have to wait until she has the baby!

 

My personal openion to that was It is reasonable for the girl to do Nikah because Abortion is not premitted in Islam.

 

Anyways I would like ur feed back on this matter.....plz reply to me and tell me wut u all think about this!

 

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

 

Answer:

 

Nikaah Marriage and divorce in pregnancy


In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

Your Question: If a girl gets pregnent before marriage....can she do Nikah during her Pregnency? If yes then plz give me refrences from Hadees and if any in Quran then from there too. and if No then also tell me the reasons behind that!

If a woman is unmarried, and becomes pregnant due to zina with a man; and during her period of pregnancy she marries the man who is the biological father of the unborn baby, the marriage will be regarded as legal in the sight of Shariah.

 

But if the woman is unmarried, and becomes pregnant due to zina with one man; it would be a grave sin for her to marry another man in her pregnancy period who is not the biological father of the un-born baby until she has given birth to the baby.

But if she does marry the other man during the pregnancy, the marriage will still be regarded as valid in the sight of Shariah; but it would indeed be a grave and heinous sin upon her if she did not inform the man she was marrying that she was pregnant with someone elses child.

 

In both the above cases, the nikaah will be considered valid in Shariah, but regardless of who she marries, the baby will be an illegal child. The baby will not be recognized by the name of his father, but will be called by the name of his mother. He will neither inherit from his biological father, nor will his biological father inherit from him.

 

But if a woman was married to one man and became pregnant, and subsequently during her pregnancy her husband divorces her; it is not permissible for her in Shariah to marry someone else until after the time she has delivered the baby.

 

Your Question: And can a women be divorced during pregnency? or does she have to wait until she has the baby!

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 228: Divorced women shall wait concerning themselves for three monthly periods, nor is it lawful for them to hide what Allah hath created in their wombs if they have faith in Allah and the Last Day. And their husbands have the better right to take them back in that period if they wish for reconciliation.

 

Allah Says in the Holy Quran Chapter 65 Surah Talaq verse 4:

4                    Such of your women as have passed the age of monthly courses for them the prescribed period (of divorce iddah) if ye have any doubt is three months, and for those who have no courses (it is the same): for those who carry (life within their wombs) their period is until they deliver their burdens: and for those who fear, Allah He will make their path easy.

 

It is permissible in Shariah to divorce a woman, or for the woman to seek divorce during her period of pregnancy. If the woman is pregnant, her iddah or waiting period of the divorce (instead of the normal three menses periods) will be until the time she has delivered the baby, regardless whether the time is one day or 8 months; as soon as she delivers the baby, the iddah or waiting period will be considered served.

 

Whatever written of Truth and benefit is only due to Allahs Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength.

 

Your Brother in Islam,

 

 

Burhan

 


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