Question:
A man committed fornication with a woman and she became pregnant from it, is it allowed for him to get married to her?
Answer:
Yes, and this came during the time of Abu Bakr may Allāh be pleased with him that he married them together. This has come and we don’t know of any major differing in the likes of this marriage if fornication is established.
Question:
Is it a condition for them to have made sincere repentance from what they committed?
Answer:
Yes, it is obligatory. The virgin is lashed and the married one is stoned if one of them is married.
But from the angle of marriage this has come. As for what is related to the other rulings then it is obligatory to implement the legal punishments.
Question:
And does the ruling differ if she becomes pregnant from it?
Answer:
No, the ruling doesn’t change if she becomes pregnant from it except from the angle of entering upon her. So he doesn’t enter upon her until she gives birth. Because it is possible that she was pregnant from someone else even if he were to say it is his child only. If she did it with him it is not far off that she could of done it with other than him. Especially that she perpetrated this sin before the marital contract. So it is not far off that she could of done it with someone else. So this points towards that it is not befitting to enter upon her until she gives birth even if they get married. So that he doesn’t irrigate someone else’s pasture.
Answered by: Shaykh, the Allamah, the Trustworthy Advisor, Abu Abdirrahman Yahya bin Ali Al-Hajuri – may Allah preserve him
Translated by: Abū ‘Abdillāh ‘Omar bin Yahya Al-‘Akawi
Source: https://t.me/sh_yahia_duroos/7585