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Law of Marriage When Pregnant in Islam

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Islam is a noble religion and always invites its people to do good and keep the command of Allah SWT. One of the things that is recommended in Islam is marriage because as we know, marriage is the most correct way to channel one’s physical and spiritual needs.

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Marriage is also a commitment between men and women to build a household in Islam and a way to get offspring that will continue the next generation.

The purpose of marriage in Islam is to foster a sakinah household, mawaddah and warahmah and in accordance with the hadith of the Prophet SAW that marry is half of religion.

إِذَا تَزَوَّجَ العَبْدُ فَقَدْ كَمَّلَ نَصْفَ الدِّيْنِ ، فَلْيَتَّقِ اللهَ فِي النِّصْفِ البَاقِي

If a person marries, then he has perfected half his religion. Therefore, fear Allah in the other half. “(Narrated by Al Baihaqi)

Nevertheless, the rise of free social culture in this case courtship  leads to the loss of norms in society and the fading of Islamic values, especially marriage.

Men and women today many relationships before marriage and even to do things that are forbidden in religion that is adultery especially after getting engaged (read islamic rules for engagement before married).

Free association and unashamed people commit adultery is one of the end-time traits. The law of adultery in Islam is haram and adulterers must be punished according to Islamic law. However, due to the faded value of Islam and society today more use of state law, most adulterers are not punished.

Marriage Law of Pregnant Women

Sexual intercourse and zina’s behavior can cause a woman to become pregnant out of wedlock. Women who become pregnant out of wedlock are considered a disgrace to her family and she usually gets married soon to cover up the shame by her family and avoid conflict within the family.

Based on some basic Islamic law, married law during pregnancy is considered valid and women who commit adultery either in a state of pregnancy or not, can marry a man who does adultery on her or other men who do not do adultery on her. For more details consider the basic considerations of women who married while pregnant :

1. Al Quran

The verse states that an adulteres woman can marry a man who is adultery and who do not adultery her

وَالْمُحْصَنَاتُ مِنَ النِّسَاءِ إِلا مَا مَلَكَتْ أَيْمَانُكُمْ كِتَابَ اللَّهِ عَلَيْكُمْ وَأُحِلَّ لَكُمْ مَا وَرَاءَ ذَلِكُمْ أَنْ تَبْتَغُوا بِأَمْوَالِكُمْ مُحْصِنِينَ غَيْرَ مُسَافِحِينَ فَمَا اسْتَمْتَعْتُمْ بِهِ مِنْهُنَّ فَآتُوهُنَّ أُجُورَهُنَّ فَرِيضَةً وَلا جُنَاحَ عَلَيْكُمْ فِيمَا تَرَاضَيْتُمْ بِهِ مِنْ بَعْدِ الْفَرِيضَةِ إِنَّ اللَّهَ كَانَ عَلِيمًا حَكِيمًا

“And [also prohibited to you are all] married women except those your right hand possess. [This is] the decree of Allah upon you. And lawful to you are [all others] beyond these, [provided] that you seek them [in marriage] with [gifts from] your property, desiring chastity, not unlawful sexual intercourse.

So for whatever you enjoy [of marriage] from them, give them their due compensation as an obligation. And there is no blame upon you for what you mutually agree to beyond the obligation. Indeed, Allah is ever Knowing and Wise”. (QS. An-Nisaa : 24)

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2. Hadith rasulullah SAW

According to the hadeeth of the apostle, a pregnant woman may marry a man who do adultery and who does not adultery with her as the following hadith:

A man who is sentenced to volumes (whip) will not marry except with a similar (female adulteress)“. (Abu Dawud’s)

Another Hadith also mentions that the laws of women who married during pregnancy are legitimate because of unlawful acts of unlawful law does not prevent the lawful act of being married.

The act of haram (zina) that does not cause the haram of lawful deeds“(HR Ibn Majah)

3. Malikiyah scholar

Malikiyah scholars also agree with hanabilah scholars that pregnant women have iddha period or waiting period, known as istibra.

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The istibra period of a pregnant woman is to give birth while the unmarried adultery woman, her istibra period until three times her period passes. The marriage of a pregnant woman to a man who makes her pregnant or not is invalid until the woman gives birth.

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4. Hanafiyah cleric

Hanafiyah scholars argue that a woman’s marriage during pregnancy is legally valid if she is married to a man who impregnated her and qualified as well as a marriage contract.

The Hanafiyah scholars argue so because it refers to the Qur’anic verse that a pregnant woman is not one of the unlawful women to marry. This is mentioned in the Quran of An Nisa verse 23

“Prohibited to you [for marriage] are your our mothers, your daughters, your sisters, your father’s sisters, your mother’s sisters, your brother’s daughters, your sister’s daughters, your [milk] mothers who nursed you, your sister through nursing, your wives’ mothers, and your step-daughters under your guardianship [born] of your wives unto whom you have gone in. But if you have not gone in unto them, there is no sin upon you.

And [also prohibited are] the wives of your sons who are from your [own] loins, and that you take [in marriage] two sisters simultaneously, except for what has already occured. Indeed, Allah is ever Forgiving and Merciful.”

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5. According to KHI (Compilation of Islamic Law)

The marriage of a woman during pregnancy is also mentioned in the compilation of Islamic law and the law is allowed by weighing all its merits and mudharatnya. Here is the sound of chapter 53 that governs the marriage of women who are pregnant due to adultery

  • A pregnant woman out of wedlock, can be mated to the man who impregnated her
  • The marriage with the pregnant woman mentioned in paragraph (1) may be carried out without waiting for the birth of her child to arrive
  • With the marriage being held at the time of the pregnant woman, no reproduction is required after the child is born.

Thus the law of marriage during pregnancy based on the arguments mentioned in the Qur’an, hadith, clerical opinion and compilation of Islamic law.

It can be concluded that the law of marriage during pregnancy is permissible as the law of marrying a pregnant woman in order to preserve the common good and protect one’s honor but should avoid the marriage of siri.

After making mistakes, both women and men must repent and ask forgiveness for what has been done. Asking for forgiveness and not despair of God’s grace will keep us from causing restless hearts.

For those who are not married it is better to keep away from the act of adultery and know how to find a mate in Islam and the criteria of a good wife and candidate criteria for a good husband by ta’aruf way. (read law of rejecting marriage in Islam).

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