Can I Marry A Pregnant Woman Unsure of the Validity of Her Previous Marriage?
Answered by Shaykh Irshaad Sedick
Question
I recently met someone I’m interested in marrying, but there’s a unique situation to consider: she is currently pregnant. Before this, she was married, but both she and her family believed that the marriage contract was invalid due to her and her ex-husband committing zina (adultery) and getting married before truly repenting for their actions. They also believe that she doesn’t need to observe iddah (a waiting period after divorce or the death of a spouse). So, my question is, can I marry her while she’s pregnant if she’s not in iddah?
Answer
In the Name of Allah, the Most Merciful and Compassionate. May Allah alleviate our difficulties and guide us to what pleases Him. Amin.
Based on the information you provided, several serious issues must be considered.
First, not having repented from fornication is not a cause to invalidate an otherwise valid marriage. Please visit this answer for the details of this. Therefore, their marriage is still valid (if that was the only reason they believed it to be invalid), and Allah knows best.
Second, if the previous marriage is valid, and she is pregnant from that marriage, then she is required to observe the ‘iddah (waiting period) until she gives birth, as stated in the Quran: “And for those who are pregnant, their waiting period is until they give birth” [Quran, 65:4]. During this time, it is unlawful for you to propose or marry her, and Allah knows best.
Third, you should consider advising (with much wisdom) the affected family, directly or indirectly (with the assistance of reliable local scholars), so that they can choose the most appropriate course of action from now on, and Allah knows best.
I pray this is of benefit and that Allah guides us all.
[Shaykh] Irshaad Sedick
Checked and Approved by Shaykh Abu Bakr Badhib
Shaykh Irshaad Sedick was raised in South Africa in a traditional Muslim family. He graduated from Dar al-Ulum al-Arabiyyah al-Islamiyyah in Strand, Western Cape, under the guidance of the late world-renowned scholar Shaykh Taha Karaan.
Shaykh Irshaad received Ijaza from many luminaries of the Islamic world, including Shaykh Taha Karaan, Mawlana Yusuf Karaan, and Mawlana Abdul Hafeez Makki, among others.
He is the author of the text “The Musnad of Ahmad ibn Hanbal: A Hujjah or not?” He has served as the Director of the Discover Islam Centre and Al Jeem Foundation. For the last five years till present, he has served as the Khatib of Masjid Ar-Rashideen, Mowbray, Cape Town.
Shaykh Irshaad has thirteen years of teaching experience at some of the leading Islamic institutes in Cape Town). He is currently building an Islamic online learning and media platform called ‘Isnad Academy’ and has completed his Master’s degree in the study of Islam at the University of Johannesburg. He has a keen interest in healthy living and fitness.
