Asallam Alaykum Warahmotullah Wabarakatuh.

It is disappointing to note that fornication and pregnancy have become the order of the day to the extent that a lot of brides appear with protuding bellies on their wedding day. Yet, the scholars or alfas that join them together, rather than preach the evils behind pre-marital sex to the couples and the people present, they are concerned with how to make money and the likes.

Some so called schorlars even praise those that involve in the act to the extent that many people do no longer see anything bad in getting pregnant before Nikkah.

Let's deleberate on this issue please.

Is this how we'll continue
If NO, what is the way out
Let's analyse the evils behind fornication in Islam.


Jazakum Llahu Haeran....

i dont think it is possible for a genuine scholar or imam to join or conduct nikkah for a pregnant lady. if he does its pointless because there is no marriage between them, its jusy a waste of time.i dont know much on this subject but if a lady should get pregnant out of wedlock, she has to give birth to the baby and undergo some sort of spiritual clensing before she can get married to the guy.

Wa iyyakum,

Wa aleikum salam,

A nikkah done when a person is pregnant is actually invalid... I haven't been in any of these weddings but i know a problem exists... Hopefully we can get some views from the brothers.

OP, you are right but a question that immediately crops-up is: Are clerics allowed to say they will not conduct such weddings? I am not saying they should not condemn the act but I still have that question.

Then, there is the role of parents: teaching, guiding and if need be monitoring your kids to the best of your ability are duties of parents in this regard. They also have a moral duty to subsidise their children's marriage once they are sure they have found a suitable partner.

With these steps such incidences can be reduced.

tbaba1234: Wa iyyakum,

Wa aleikum salam,

A nikkah done when a person is pregnant is actually invalid... I haven't been in any of these weddings but i know a problem exists... Hopefully we can get some views from the brothers.

Can you provide references for this?

It is not as straightforward as i put it...

This is from Islamqa:

Praise be to Allaah.
Firstly:

If this immoral action came after the marriage contract was done, even if it was before the wedding party, then this marriage of yours is valid but you have to repent from this sin that you fell into.

Ibn Qudaamah (may Allah have mercy on him) said:

If the wife of a man commits zina, or her husband commits zina, the marriage contract is not rendered invalid, whether that happens before or after consummation, according to the opinion of most of the scholars.

End quote from al-Mughni, 9/565

Secondly:

If this zina took place before the marriage contract was done, the marriage contract is not valid unless it was done after establishing that there was no pregnancy by waiting for one menstrual cycle, according to the more correct opinion.

Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) said:

Marriage to a zaaniyah (a woman who has committed fornication) is haraam until she repents, whether the one who committed zina with her is the bridegroom himself or someone else. This is the correct opinion beyond a doubt, and it is the opinion of a number of the earlier and later scholars, including Ahmad ibn Hanbal and others. Many of the earlier and later scholars were of the view that it is permissible, and this is the view of the three, but Maalik stipulated that it should be established that there is no pregnancy by waiting for one menstrual cycle, and Abu Haneefah regarded it as permissible to do the marriage contract before waiting for one menstrual cycle if she is pregnant, however if she is pregnant it is not permissible to have intercourse with her until she gives birth. Ash-Shaafa‘i regarded it as permissible to do the marriage contract and to have intercourse in all cases, because the water (semen) of the zaani has no value in sharee‘ah and the ruling is that no child is to be attributed to him. This is his justification for his opinion. Abu Haneefah differentiated between the one who is pregnant and the one who is not, because if (the husband) has intercourse with the one who is pregnant, he will be attributing to himself a child who definitely is not his, which is different from the case of one who is not pregnant. Maalik and Ahmad stipulated that it should be established that there is no pregnancy (by waiting for one menstrual cycle), which is the correct view. But Maalik and Ahmad, according to another report, stipulated that it should be established that there is no pregnancy by waiting for one menstrual cycle. The other report from Ahmad is that which is followed by many of his companions such as al-Qaadi Abu Ya‘la and his followers, which is that it is essential to wait for three menstrual cycles. However the correct view is that all that is required is to establish that there is no pregnancy (by waiting for one menstrual cycle). End quote.

Majmoo‘ al-Fataawa, 32/110

Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said in ash-Sharh al-Mumti‘ (13/382): Rather the opinion narrated from Abu Bakr and a number of the Sahaabah (may Allah be pleased with them) is that there is no ‘iddah at all for the woman who committed zina, and there is no requirement to establish that there is no pregnancy, especially if she has a husband, because of the words of the Messenger (blessings and peace of Allah be upon him): “The infant is to be attributed to the husband of the woman (who gave birth to him).” Rather if a man knows that his wife has committed zina – Allah forbid – and has repented, he should have intercourse with her immediately, so that no doubt will remain in his heart in the future as to whether she became pregnant as a result of zina or not. If he has intercourse with her immediately, the child will be assumed to be from the husband and not from the zaani (adulterer).

But if the woman who committed zina (fornication) did not have a husband, it is essential to establish that there is no pregnancy by waiting for one menstrual cycle, according to the correct opinion. End quote.

Thirdly:

Because this issue is the subject of a considerable difference of opinion among the scholars, and because annulling the marriage and admitting zina after this length of time will lead to a great deal of trouble and disclosing that which Allah had concealed for you, and will expose you to turmoil, we think – and Allah knows best – that in this case you do not have to tell your husband about what happened in order to renew the marriage contract. In the other scholarly opinion mentioned above, according to which some of the scholars are of the opinion that it is not essential to establish that there is no pregnancy, there is some leeway.

This, as we have said, applies if the zina took place before the marriage contract was done and before it was established that there was no pregnancy.

As Allah has concealed you, you must also conceal yourself and do not breach the concealment of Allah. al-Bukhaari (6069) and Muslim (2990) narrated that Abu Hurayrah (may Allah be pleased with him) said: I heard the Messenger of Allah (blessings and peace of Allah be upon him) say: “All of my ummah will be fine except those who commit sin openly, and it is part of committing sin openly for a man to do something at night, then in the morning when his Lord has concealed him he says: O So and so, I did such and such last night, when his Lord had concealed him all night, but in the morning he discloses that which Allaah had concealed for him.”

And Muslim (2590) narrated from Abu Hurayrah (may Allah be pleased with him) that the Prophet (blessings and peace of Allah be upon him) said: “Allaah does not conceal a person in this world but Allaah will conceal him on the Day of Resurrection.”

Al-Bayhaqi (18056) narrated from Ibn ‘Umar that the Messenger of Allah (blessings and peace of Allah be upon him) said, after the stoning of al-Aslami: “Avoid this filth that Allah has forbidden, and whoever falls into it, let him conceal himself with the concealment of Allah, may He be glorified and exalted.”

Classed as saheeh by al-Albaani in as-Saheehah (663).

Fourthly:

Your son is a legitimate son of your husband, and there is no problem concerning him, in sha Allah.

With regard to the foetus whom you aborted, if that happened before the soul was breathed into him – i.e., before four months – then there is no expiation or diyah required for him. However you are required to repent, feel regret and pray for forgiveness.

If that happened after four months, then you have to pay the diyah and offer expiation.

The diyah is to free a male or female slave; if that is not possible then you must pay the equivalent, which is five camels.

With regard to the expiation, it is to free a slave. If that is not possible, then you must fast for two consecutive months.

See also the answer to question no. 106448

And Allah knows best.

^I would have loved that you posted the question asked as well.

JazakumLlahu Khayra

^ Q: I had an affair with a guy a week to my wedding with a different person.Some months later I discovered that Im pregnant for the first guy not my husband.I had a miscarriage and later became pregant for my husband.Uptil now nobody knew about this,at times i feel like confessing but he esitat .
My question here is please how valid is my marriage and how does this affect my child islamically?.

^Some serious stuff there. The scholars' answer suggests that adultery may be forgiven by a spouse. Apart from being difficult to do, how wise is it Islamically?

maclatunji: ^Some serious stuff there. The scholars' answer suggests that adultery may be forgiven by a spouse. Apart from being difficult to do, how wise is it Islamically?

Question answered in these two links

http://en.islamtoday.net/artshow-4016.htm

http://www.understanding-islam.com/q-and-a/social-issues/if-the-wife-commits-adultery-5315

@ Tbaba n Maclatunji, may Allah increase you in knwoledge.
I want you to understand that, for the fact that you did not attend such Nikkahs doesn'nt mean they are not existing. I want to tell you categorically that it is rampant these days.

Categorically, am not suprised about the scholars that join both person without telling them the evils behind the unscrupulous act because some of them involve in it, but will rather blame we the youths of today.

The crave to have sex before marriage has become the order of the day to the extent that some brothers do not believe that we still have virgins in the society. Some groups even believe that to make a guy responsible, you must tie pregnancy on his neck before you can get married to him while some families will tell their would be brides to get pregnant before they can seek for hand in marriage.

The major problem is that, the system is rotten, people are not concerned with what the Qur'an and Hadith says about fornication and adultery.

Am so confused on this that I feel that their is the need for us to orientate ourselves on the evils behind this act. We need to jointly condemn this act before it gets out of hand

May Allah assist us.

^There is no need to be confused. You are right about premarital sex and pregnancy being all over the place. However, the most you can do is speak out like you are doing and practice what you preach. The change you want begins with you.

As for the clerics, may Allah help us. There are many that barely qualify as Muslims parading as Muslim leaders. From their words you can identify them.

There are many things wrong... Many religious muslims do not even know that premarital affairs are haram in themselves. I was in that position at some point in my life, may Allah forgive us. Maybe the problem is that of the muslim community, we should have avenues for young muslims looking for marriage to meet each other for that purpose.

Allah says do not go near Zina. Once we go near, there is always a chance that we will fall. Hormonal urges are very strong.

As regards the 'alfas', there are some so called alfas that can't even recite Quran, My dad was talking about this a few weeks ago. You will hear the most ridiculous things from them. For them, it is a source of income posing as one. Some even use jinn and black magic, yet they wear the facade of a devoted muslim.

tbaba1234: Wa iyyakum,

Wa aleikum salam,

A nikkah done when a person is pregnant is actually invalid... I haven't been in any of these weddings but i know a problem exists... Hopefully we can get some views from the brothers.

Though premarital sex is a sin BUT Nikkah done during pregnancy is not INVALID... Is only for the couple to repent from their wrong doing but that does not mean an Alfa/Imam conducting such Nikkah is wrong; what is just need to be done is to confirm the true father of such child.

Read some of the below text:

It is permissible to marry a woman who is pregnant irrespective of whether the man she is marrying is the father of the child or not. The only difference is if the man is the father of the unborn child he would be able to have intercourse with her whereas in the situation where the man is not the father of the child, he would not be allowed to have intercourse with her until she gives birth to the child. (Hidayah p.312 v.2)

The evidence of marrying women who are pregnant is substantiated from the following verse in the Holy Qur’an:

“And [also prohibited to you are all] married women except those your right hands possess. [This is] the decree of Allah upon you. And lawful to you are [all others] beyond these, [provided] that you seek them [in marriage] with [gifts from] your property…” (Surah Nisa v.24)

The impermissibility of having sexual intercourse with a woman who one is marrying but pregnant with another man’s child can be derived from the following hadith:

Ruwayfi ibn Thabit Al Ansari (radi allahu anhu) narrates that the Prophet (Sallal lahu alayhi wa sallam) said on the day of Hunayn: “It is unlawful for a man who believes in Allah and the last day that he waters the plant of another.” (Sunan Abu Dawuud p.311 v.1 & Sunan Tirmizi p.274 v.1)

Only Allah Knows Best

Maybe there is a difference of opinions...

Allah knows best!

I have known it for a very long time that nikkah with pregnancy is wrong, null and void, why then wouldn't i wait till marriage? Alhamdulillah, just a month after my wedding, Allah has blessed us.

So, i think orientation from home is the only thing i guess female children need.
May Allah guide us right sha.

I once watched an islamic wedding on TV, the bride was heavily pregnant. I really wouldn't know if they had done the payment of dowry earlier o. But i feel it's wrong and it was even shown on tv.

I have known it for a very long time that nikkah with pregnancy is wrong, null and void, why then wouldn't i wait till marriage? Alhamdulillah, just a month after my wedding, Allah has blessed us.

So, i think orientation from home is the only thing i guess female children need.
May Allah guide us right sha.

I once watched an islamic wedding on TV, the bride was heavily pregnant. I really wouldn't know if they had done the payment of dowry earlier o. But i feel it's wrong and it was even shown on tv.

My wife was heavily pregnant when we had our Walimot Nikkah in December, having done the Aqidun Nikkah in August. And the Officiating Imam announced to the audience about this fact.

You see, there's a clear difference here. Some of the comments on this topic didn't take my scenerio into consideration. Doing "wedding with pregnancy", like you all put it isn't bad in itself, you have to know the circumstances, which may just be similar to mine.