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If an unmarried woman fell pregnant out of the wedlock of Nikah, can she marry the biological father of the child and would the child be illegitimate? 

Answered according to Hanafi Fiqh by TheMufti.com

Q. Please can you advise me. I have a friend who is not married But she has fallen pregnant. She would like to know when is it permissible to make nikaah and how can she repent for her sins?


A. Pre-marital relationships are prohibited in Islam and is a major sin. The man and woman in reference should make Tauba (repent) for their sin of fornication.

In any case, it is permissible for the man to make Nikah with the woman with whom the act of fornication took place. If the child is born exactly six Months or more from the time of the Nikah, the child will be regarded as legitimate. If the child is born before six months from the time of the Nikah, the child will be regarded as illegitimate. (Shaami 3/49)

Allah Ta’ala Knows Best

Mufti Ismaeel Bassa

This answer was collected from TheMufti.com, which is a fatwa portal managed by Mufti Ismaeel Bassa from South Africa.

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