Marrying the woman one made pregnant through zina

Question

(1) Zayd formed an illicit relationship with a woman, and the woman became pregnant from Zayd’s seed, and the child has not yet been born. In such a situation, is Zayd’s nikah with this woman permissible or not? The woman says that Zayd’s seed is in her womb. (2) If it is permissible, then on the basis of which hadith? It should be detailed, together with Qur’anic verses. (3) If it is impermissible, then on the basis of which hadith? Together with Qur’anic verses. (4)

Answer

(1, 2, 3, 4) It is permissible. [ar]رجل تزوج حاملًا من زنا منه فالنكاح صحيح عند الكل ويحل وطؤها عند الكل[/ar] “A man married a woman pregnant from zina with him — the nikah is valid according to all, and intercourse with her is permissible according to all” (Shalabi, vol. 2, p. 113).

Source: Fatawa Mahmudiyya

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