The Ruling on Marriage of a Woman Pregnant as a Result of Illegal Relationship from the Perspective of Jurisprudence of Islamic Denominations

It is not permissible for an unmarried pregnant woman to get married until she gives birth, unless he marries his ex-husband, and if the pregnant woman marries while knowing this deed as haram (forbidden), that man will be forbidden to her forever. However, at present, an unmarried pregnant woman who has been pregnant illegally marries an adulterer or non-adulterer during pregnancy, and sometimes the husband even finds out after the marriage that the woman is pregnant by someone else, and its ruling is not very clear. Therefore, the research question is that “From the point of view of jurisprudence of Islamic Denominations, what is the ruling on the marriage of an unmarried pregnant woman as the result of illegal relationship during pregnancy?” There are different viewpoints between denominations whether the marriage of a pregnant adulteress is permissible or not; According to the denominations of Maliki, Hanbali and Abadhi, and some Imami jurists, marrying the adulteress is not permissible and she must wait until she gives birth. According to the most of Imami and Shafi‘i jurists, getting married to an adulteress is permissible and intercourse with her is also permissible. However, according to the Hanafis and Zaydis, marriage to an adulteress is valid, but intercourse is not permissible, and one can have intercourse with her after giving birth. This descriptive-analytical study shows that jurists prefer not to permit that adulteress to marry during her pregnancy, since the main reason for those who believe in its permission, is the common texts, however, based on the combination of the evidences, the narratives that refer to adulteress marriage as impermissible are more reliable and the narratives referring to impressibility are specific narratives.