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:

Assalamu aleikum:

The answer you gave is that if the person is getting married while preganant to the same person who gave her the child then the nikaah is valid. what about if the person she is marrying is different, that is not the father of the child?

waaleikumu ssalam.

shukran

(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:

Pregnant girl marries another man

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: what about if the person she is marrying is different, that is not the father of the child?

If all the Shariah conditions of marriage (mehr, two witnesses, wali, etc.) have been met, the marriage of the pregnant woman to a man who is not the father of the child will be deemed valid in Shariah.

If the man who is not the father of the child has prior knowledge that the woman is pregnant from another man, and in spite of that he wishes to marry her, he should abstain from having conjugal relations with her until she has delivered the child. The new-born will not be considered a legal son/daughter of the husband, nor will the baby be called by the husband’s name, nor can the child inherit from the husband; but rather the child will be recognized and called by the name of his mother.

Whatever written of Truth and benefit is only due to Allah’s 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