QUESTION
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someone gets married because they are pregnant out of wedlock, and gets married while pregnant
Is it necessary to re-contract after the baby is born? (which used to be only symbolic)
please enlighten me (+62 812-1365-xxxx)
ANSWER
Bismillahirrahmanirrahim..
The marriage of a pregnant woman to the man who impregnated her is disputed by scholars, most of whom allow it based on the letter An Nuur (24) verse 3, “A man who commits adultery does not marry but a woman who commits adultery.” Even if the baby is born after six months of marriage, the baby can still be assigned to the biological father. So there is no need for a re-marriage contract.
Sheikh Wahbah Az Zuhailiy Rahimahullah said:
By agreement, it is permissible for an adulterer to marry an adulterer who commits adultery with him. If he has a child after six months from the time of the contract, then his genealogy is proven, and if he has a child less than six months from the time of the contract, then his genealogy is not proven, unless he says: The child is from him, and he does not state that it is the result of adultery. The recognition of this child proves his lineage from him
The scholars agree that a man who commits adultery is permitted to marry a woman who has committed adultery. If she gives birth to a child after six months of the marriage contract, then her lineage passes to the man. If it is less than six months from the time of the marriage contract, then it is not counted against him unless the man makes a confession saying that the child is his and does not explain that it is the result of adultery. So with this recognition, the child’s lineage remains with his biological father. (Shaykh Wahbah Az Zuhailiy, Al Fiqhul Islami wa Adillatuhu, vol. 10, p. 148)
Some scholars and friends of the Prophet believe that this is not valid. So what Sheikh Wahbah Az Zuhailiy said, who “approved” his abilities, needs to be taken into account again, because in reality some of the companions of the Prophet and Imam Malik Rahimahullah forbade this. Sheikh Abul ‘Ala Al Mubarkafuri Rahimahullah quotes from the compiler of Shafwatul Bayan which details as follows:
There are differences of opinion regarding the permissibility of a man marrying a woman with whom he has committed adultery. Al-Shafi’i and Abu Hanifah said: This is permissible. Narrated from Ibn Abbas, and narrated from Umar, Ibn Masoud, and Jabir: Not permitted. Ibn Masoud said: If a man commits adultery with a woman and then marries her after that, then they have committed adultery forever. That’s what Malik said.
Imam Ash Syafi’i and Imam Abu Hanifah are of the opinion: it is possible. It was narrated from Ibnu Umar, Ibnu Mas’ud, and Jabir, that they were of the opinion: it is impossible. Ibn Mas’ud said: If a man commits adultery with a woman, and then marries her after that, then both of them commit adultery forever! Imam Malik.” (Syekh Abul ‘Ala Al Mubarkafuri, Tuhfah Al Ahwadzi, vol. 9, p. 18)
Thus. Wallahu A’lam
Farid Nu’man Hasan
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