Marrying an adulteress before the end of her ‘Iddah
14-1-2014 | IslamWeb
Question:
Our virtuous Shaykhs, could you please advise us regarding the following issue and May Allaah The Exalted Reward you. As you are aware of the fact that one’s faith may wane from time to time; and accordingly one might commit what is prohibited, like adultery, Allaah Forbids. Such disasters are exposed via pregnancy; then, some people’s conscience is awakened and they want to make up for their mistakes and confess their guilt. Hence, they turn to us, Imaams, seeking to set things straight and carry out a marriage contract, and of course we refuse; as it is well-known that no marriage contract should be carried out as long as the girl is pregnant, whereas it is permissible after she gives birth to her child. However, during the pregnancy and until the childbirth many problems may arise if the girl’s family knew of her pregnancy; they might seek to kill her or the man who made her pregnant. Can the marriage contract be carried out during the pregnancy so as to correct that mistake and in order to eliminate the potential harm that might occur if it was delayed until she gives birth? Moreover, the adulterer might deny shouldering his responsibility for what he has done in the long pregnancy period. Please give us your opinion in this regard. May Allah Reward you.
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
Scholars held different opinions regarding this issue:
The Shaafi‘i and Hanafi scholars believe that an adulteress has no ‘Iddah (i.e. waiting period to ascertain pregnancy); and accordingly it is permissible to carry out the marriage contract for a pregnant adulteress before she gives birth to her child; for adultery has no sanctity.
On the other hand, the Maaliki and Hanbali scholars believe that ‘Iddah is obligatory for the adulteress just as it is obligatory for any other woman (widow or divorcee). However, some scholars believe that she might wait for a month so as to ascertain whether she is pregnant or not. Accordingly, it is impermissible to marry an adulteress before spending her due ‘Iddah.
There is no harm if you adopt the first opinion, especially with the possibility of people being killed, as you have clarified, because of delaying carrying out the marriage contract. However, you should remind both parties; the adulteress and the adulterer, to repent to Allaah The Exalted; for according to the Hanbali school of Fiqh, the marriage of an adulteress and an adulterer is impermissible before their sincere repentance. Moreover, the majority of scholars highlighted the fact that repentance is not a condition for their marriage. Furthermore, you should observe the due conditions and requirements of the marriage contract to guarantee its validity, among which is the presence of the bride’s guardian and the witnesses.
However, there is still a problem in this regard; the illegitimate child of the adulteress and adulterer should not be attributed to the father i.e. the adulterer, instead he would be attributed to his mother only. This is the opinion of the majority of scholars. However, some scholars believe that if the adulterer married the pregnant adulteress, the child can be attributed to him.
Allaah Knows best.