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The question

Is a child attributed to his father if he is born five months after the marriage and the wife's pregnancy was a result of intercourse before marriage? And is the wife entitled to a nurturing allowance and possession of the marital home because she is a nurturer, despite the short duration of her pregnancy?

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Source: FtawySummarized from the full answer at Ftawy · reviewed Sep 2, 20261 min readAlso available in العربية
The answer

The lineage of the child is not established with the described father due to the marriage, because the minimum period for gestation is six months by agreement of the jurists, and she gave birth to him before this period, which indicates that she was pregnant with him before marriage. The child of fornication is not attributed to the fornicator according to the majority of scholars, due to the generality of the Prophet's saying, "And for the adulterer is the stone," therefore there is no maintenance or inheritance between them. The child's maintenance and heirs are from the mother's side.

The marriage contract of the fornicator with the woman he fornicated with is not valid until after their repentance and the delivery of the pregnancy, and this is the view of the Hanbalis and Malikis. If the contract was concluded in imitation of those who permitted it or by a ruling of a legitimate judge, it is not to be annulled, otherwise, it should be annulled and the contract re-executed correctly.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy