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The question

Is the marriage that took place after the discovery of the wife's pregnancy following a casual relationship, and during which the husband uttered the divorce three times (one while the wife was menstruating, a second in a state of extreme anger, and a third while the wife was pregnant), Islamically valid, and what is the status of the children?

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

Scholars have differed regarding the marriage of a pregnant woman (due to fornication) to the man with whom she fornicated. Some have prohibited it, while others have permitted it. Based on the opinion of those who permit the validity of this marriage, the divorce that occurs within it is considered valid and binding, and it is counted as an irrevocable divorce. Divorce affects a woman whether she is pregnant or menstruating.

If the marriage contract is considered valid, then the three divorces are effective, and the woman is not lawful for her first husband until she marries another man and he then separates from her and her iddah (waiting period) ends.

However, if it is said that the contract was invalid, or that the first divorce was irrevocable, then there is no impediment to the man marrying her with a new contract that fulfills the Shariah conditions. It is advisable to consult the Sharia courts to rule on these matters.

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Ftawy
Original fatwa ID
58233
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