Marrying a pregnant woman

Question

A virgin girl committed zina (fornication) and became pregnant from it, and this became widely known. Then, during this very pregnancy, her nikah was performed; the man with whom the nikah was contracted also knows of this, and he has also had intercourse with her. Is this nikah valid or not? Now her child has been born. Is her first nikah sufficient, or should the nikah be performed again?

Answer

Nikah with a woman who is pregnant from zina is valid according to the position on which the fatwa is given (mufta bihi). If the nikah is contracted with the man from whom she is pregnant, intercourse is also permissible; but if the nikah is contracted with someone else, intercourse is not permissible before she gives birth.

Source: Fatawa Mahmudiyya

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