The views of the five schools of thought on the marital marriage of adultery | آراء المذاهب الخمسة في نكاح الحامل من الزنا

Aida Humaira, Tsuaibah Tsuaibah


This paper deals with the issue of the marriage of a pregnant woman from
adultery as one of contemporary contemporary issues. Marriage of pregnant
adultery is one of the issues that provoked a dispute between the scholars of old
and recent, some of them allow the marriage of pregnant adultery, and some of
them do not permit. Then they differed as to whether the marriage was adultery
with it or not, even the consequences under it. There have been many questions
about this issue in our contemporary society. In this study, the researcher uses a
descriptive approach comparing the views of the scholars in the ruling on the
marriage of a pregnant woman with adultery and its effects, especially among
the five schools of thought. After the analysis and comparison of the scholars'
opinions, the researcher concluded that it is permissible to marry a pregnant
woman from adultery with a zina, and that it is permissible for a non-adulterer
to contract a pregnant woman before adultery before she puts her pregnancy, but
it is not permissible for the husband to take her until she puts her pregnancy.
Among the effects of this marriage in the child is: In terms of descent, the child is
not attributed to the adulterer by agreement of the jurists if his mother was a bed,
and is not attributed to the most likely if his mother is not a bed. In terms of
inheritance, the child does not inherit from the adulterer, nor to the adulterer
who is related to the adulterer. In contrast, neither the adulterer nor the child's
heir is inherited, because his ratio is cut off from the adulterer. And the
inheritance of the child only from his mother's side, because he is related to it,
inherited from it and inherited it and whoever made it. In terms of alimony, this
child should not be obliged to pay zakaah on his father, and the adulterer must
not pay zina for his son.


كاح الحامل (marriage of pregnant woman), الزاني (adulterer), المذاهب الخمسة (five schools)

Full Text: PDF

DOI: 10.15408/zr.v14i2.10656


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