Nikah with a Woman Four Months Pregnant

Question

(1) Zayd’s nikah was performed with Najma. Two months after the marriage contract ('aqd) it became known that Najma was pregnant. This was also established by the examination of a lady doctor. At present Najma is six months pregnant, that is, at the time of the contract Najma had a four-month pregnancy. According to “Fatawa Dar al-‘Ulum Deoband” (complete edition), Kutubkhana Imdadiyya, Deoband, parts three and four, Kitab al-Nikah, section on the prohibited women (muharramat)

Answer

(1) Zayd should make repentance (tawba) and seek forgiveness (istighfar). (2) The mahr is wajib in full. (3) With the wife’s consent it is permitted to pay it in instalments as well. (4) Whatever items he has already given by way of transfer of ownership (tamlik)

Source: Fatawa Mahmudiyya

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