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If a woman gets khula when she is pregnant with a child after commiting adultery is that khula is valid

Answered according to Hanafi Fiqh by Darulifta-Deoband.com
my question is in regard of fatwa id:8028, if a woman gets khula when she is pregnant with a child after commiting adultery is that khula is valid, and is that child is illegal even after delivery that woman and the man who commit adultery repents to allah and get married, please answer this question in the light of shariah. Is there any punishment for them?

Answer

(Fatwa: 1526/1279=L/1429)

 

Khula is valid in the state of pregnancy, therefore if wife forgives her dower and husband gives her Talaq then khula is valid. Until khula takes place she will be in the Nikah of her husband and the child born out of the wedlock shall belong to her husband. But, after khula it was not allowed to marry her until her Iddah was over by delivering a baby. You must get separated right away. You should repent to Allah and seek His forgiveness if you had marital relations as well. You can do Nikah after delivery. It is to be noted that this is the case if the khula was valid; therefore it is better to write the entire details related to the khula.

(2) In India, since there are no Islamic penal codes in action; therefore you both can only repent to Allah to purge away your sins of adultery, Allah shall forgive you.

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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