I am married with my wife now for 5 months.But during nikah my wife was 1 month pregnant.Is my nikah valid by islam?

asked 10 Shahiali's gravatar image

In your case Nikah is invalid only when she was either divorced or widowed and then she immediately married without completing iddat period. Because if women is pregnant at the time of divorced then her iddat period is till she delvers the child. [Ref Surah talaq 65:4 -............. and the APPOINTED PERIOD [i.e. IDDAT] for the PREGNANT WOMEN is UPTO THE TIME THEY DELIVER THEIR BURDEN and whoever fears Allah – Allah will create ease for him in his affairs....... If Pregnancy is by the person who married her or by adultery [pregnacy is by someone else and marriage is by someone else] , then Nikah is valid. But one point is to be noted is that : " If the husband is not the one who impregnate the women , then Sexual intercourse till she delivers the child is haraam as proven by following hadeeth ".....Messenger of Allah (Allah bless him & give him peace) said: It is unlawful for a man who believes in Allah and the last day that he waters the plant of another meaning having sexual intercourse with a pregnant woman. Hadith recorded by Abu Dawud in his Sunan and Tirmizi and he classed it as sound (hasan)."

For more info. look at the following link: ......... http://spa.qibla.com/issue_view.asp?HD=12&ID=2040&CATE=10

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answered 804 Ahmadomar's gravatar image

@Ahmadomar what if the child was concieved from premaritial sex between them, is the child then considered a child of the mattress?

(Dec 18 '13 at 09:12) yaqin ♦ yaqin's gravatar image

@yaqin

Acc. To hanafi madhab : Case 1: Men/women did adultery and child was conceived and same men/women married later - the child will be attributed to him if it was born six months after marriage, and if it was born in less than six months, paternity will not be established) and he will be responsible for her financially�. (Radd al-Muhtar ala al-Durr al-Mukhtar, 3/48-49, fasl fi al-muharramat).

Refer : http://spa.qibla.com/issue_view.asp?HD=12&ID=2040&CATE=10

(Dec 18 '13 at 09:59) Ahmadomar Ahmadomar's gravatar image

Case 2: Pregnant Women married someone else [ who is not the biological father of her child], then child will be attributed to the husband of the women only. The child will be attributed to the husband and the adulterer will receive the stone.(Sahih Muslim, no: 1458)

The meaning of this Hadith is that, the right of paternity will always be for the person to whom the mother of the child is married. Hence, paternity will not be established with the adulterer. If the woman is unmarried, the child will only be attributed to her.

Refer: http://spa.qibla.com/issue_view.asp?HD=12&ID=4015&CATE=95

(Dec 18 '13 at 10:01) Ahmadomar Ahmadomar's gravatar image

Bro . If you dont follow the madhab , then you may ask the one whom you trust because I am the follower of the madhab and I learn my deen that way only. Wassalaam Allah knows the best

(Dec 18 '13 at 10:05) Ahmadomar Ahmadomar's gravatar image

well, at least you got the most "liberal" school.

(Dec 18 '13 at 12:56) mikejm4 mikejm4's gravatar image

@Ahmadomar beloved I accept the quran and authenticated sunnah from wherever it comes from and your answer is correct in my opinion and from my studies on the topic. So I thankyou for youranswer and may Allah reward you. Salaam

(Dec 18 '13 at 17:15) yaqin ♦ yaqin's gravatar image

Your Thanks is for the scholars who did research and not for me .... May Allah reward the scholars of islam and increase my knowledge.... Allah hafiz

(Dec 19 '13 at 12:02) Ahmadomar Ahmadomar's gravatar image
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AssalamuAlaikum brother

Ask an Alim. You can try the Saudi Sheikh Assim Al Hakeem (speaker in Peace Tv). He replies very fast, e.g. about 2 days.

Describe your problem. Dont just ask him if your marriage is is valid BUT ALSO ASK HIM WHAT YOU CAN NOW DO.

Send question here: http://assimalhakeem.net/contact

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answered 2805 UmarAbdullah's gravatar image
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Asked: Dec 18 '13 at 04:44

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Last updated: Dec 19 '13 at 12:02


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