Nikah during ‘Idda

Question

A woman’s husband died, and at that time she was not expecting a child. Two months later, during the days of ‘idda, she became expecting. After the ‘idda the woman had her nikah performed with the man by whom she was expecting — that is, before the child was born. Will the nikah be valid or not, and what status will the child be given? What is the ruling of the Shari‘a for both the man and the woman for having done this during the days of ‘idda?

Answer

If the nikah was contracted after the ‘idda of death had ended, it is valid. But if the child was born before at least six months had passed from the nikah, then its lineage (nasab) will not be established from this man who contracted the nikah.

Source: Fatawa Mahmudiyya

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