Nikah during nifas after giving birth to a child of zina

Question

An unmarried girl gives birth to a child through zina (fornication). Then her nikah is contracted before the end of the sunna-prescribed (masnuna) days of nifas. The girl lives in the house of the very qadi who is also the imam of the neighbourhood mosque, and the incident of the zina and the birth was witnessed by the respected qadi’s wife and other people. In such a situation, what is the ruling on performing the nikah of this girl?

Answer

Nikah in the state of nifas is permissible, but intercourse is impermissible, just as it is impermissible in the state of menstruation. When the young man comes to her, he should be told that intercourse is not permissible in this state. But if the young man was told that this girl is a virgin, that she has had no child and no nikah, then saying so is wrong and a lie.

Source: Fatawa Mahmudiyya

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