A Non-Muslim Woman Embraces Islam after a Court Marriage: Istibra’ of the Womb for a Renewed Nikah

Question

(1) Zayd contracted a court marriage (a marriage in court) with Lata. After a period of about three and a half or three and three-quarter years had passed, one day Lata, in the presence of Zayd and two bearded Muslims wearing caps, said: “I have taken Islam as my religion; from today I am a Muslim,” and accepted it by reciting the kalima: [ar]أشهد أن لا إله إلا الله وأشهد أن محمدًا عبده ورسوله[/ar] “I bear witness that there is no god but Allah, and I bear witness that Muhammad is His servant and messenger.

Answer

(1) If she said it from a sincere heart, her faith is accepted. Thus in “Sharh al-Fiqh al-Akbar”. (2) Such a nikah is valid. Thus in “al-Hindiyya”. (3) It is permissible. Thus in “al-Durr al-Mukhtar”. (4) There is no need for a renewed nikah. If a woman is pregnant from zina (and she has no husband)

Source: Fatawa Mahmudiyya

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