One Who Denies Marriage during Pregnancy

Question

A man denies the marriage of pregnant women and says, “With us it is not permissible.” He said this before a reliable scholar, who waited some days for him to retract and repent, but he did not repent; the scholar then made an announcement and had the biradari (a kinship or caste community) cut off “hookah and water” (social contact) from him. Some people, however, side with him. What is the ruling on these people in such a case?

Answer

If a woman’s husband died during her pregnancy, or her husband divorced her during pregnancy, then — since her waiting period lasts until delivery — it is not permissible for her to marry before delivery: [ar]وَأُولَاتُ الْأَحْمَالِ أَجَلُهُنَّ أَن يَضَعْنَ حَمْلَهُنَّ[/ar] “And for those who are pregnant, their term is until they deliver” (“Hidaya”, vol. 2, p. 303)

Source: Fatawa Mahmudiyya

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