Is Nikah Valid After Zina Without Confirming Pregnancy?
Hanafi Fiqh
Answered by Mawlana Ilyas Patel
Question
Is a nikah valid if performed after zina but before a clear menstrual cycle confirming the woman is not pregnant?. What should a couple do if a pregnancy occurs in this context and no fetal heartbeat is detected?
Answer
In the Name of Allah, the Most Merciful and Compassionate.
I pray you are in good faith and health. Thank you for your question and for reaching out to ask about a sensitive matter.
Your Nikah was valid—assuming the necessary conditions were fulfilled, e.g., consent of both parties, presence of witnesses, guardian (wali) for the bride, and offer and acceptance.
The most important thing is that you got married, which will serve as a form of repentance and a way to rectify the past.
The very fact that you regret is a sure sign of repentance. The Prophet (Allah bless him and give him peace) said,
“Remorse is repentance.” [Ibn Maja; Hakim]
Handling of Pregnancy
The pregnancy occurred after marriage, following April 4, so if the child had been carried to term, it would most likely have been legitimate. However, you chose differently and made a mistake in handling the pregnancy/abortion matter. Read the link below.
You have taken an important step by asking and repenting. Don’t let guilt paralyze you—let it motivate you to improve. Allah’s door is always open. Your marriage remains valid; just focus on yourselves and try to become mindful Muslims.
What to Do Now
Continue asking Allah for forgiveness and strengthen your marriage through mutual trust, prayer, continuous charity (sadaqa), and increasing all types of good in your life.
Please share the valuable answers and links below. Insha’Allah, they will provide you with guidance and direction.
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I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani
Mawlana Ilyas Patel has received traditional education in various countries. He started his schooling in the UK and completed his hifz of the Quran in India. After that, he joined an Islamic seminary in the UK, where he studied secular and Aalimiyya sciences. Later, he traveled to Karachi, Pakistan, and other Middle Eastern countries to further his education. Mawlana has served as an Imam in the Republic of Ireland for several years and taught the Quran and other Islamic sciences to both children and adults. He also worked as a teacher and librarian at a local Islamic seminary in the UK for 12 years. Presently, he lives in the UK with his wife and is interested in books and gardening.
