❖ Source: Extracted from Aḥkām wa Masā’il: Kitāb wa Sunnat kī Roshni Mein by Shaykh Mubashshir Ahmad Rabbānī
A man was engaged to a woman and they would meet in private. Later, they got married, and just two months after the marriage, the woman gave birth.
Is the child considered legitimate or illegitimate according to the Qur'an and Sunnah?
A child born two months after marriage cannot possibly be legitimate, because it is biologically and Shariʿah-wise impossible for childbirth to occur in such a short time span.
According to the authentic hadith of the Prophet ﷺ, the soul (rūḥ) is blown into the fetus after four months of gestation.
ʿAbdullāh ibn Masʿūd رضي الله عنه narrated from the Prophet ﷺ:
"Each one of you is collected in the womb of his mother for forty days (as a drop), then becomes a clot for a similar period, then a lump of flesh for a similar period, then Allah sends an angel to breathe the soul into him..."
Ṣaḥīḥ al-Bukhārī, Book of Qadar, ḥadīth 6594
Ṣaḥīḥ Muslim, Book of Qadar, ḥadīth 2643
This indicates that the soul enters the fetus only after 4 months (120 days).
Following that, at least two more months are required for the child to be born.
Therefore, a minimum of 6 months after the marriage is required for the child to be considered legitimate (ḥalāl) and ascribed to the father.
Allah Almighty says:
﴿وَحَمْلُهُ وَفِصَالُهُ ثَلَاثُونَ شَهْرًا﴾
“And the bearing of him (the child) and his weaning is [a total of] thirty months.”
Surah al-Aḥqāf: 15
Also:
﴿وَالْوَالِدَاتُ يُرْضِعْنَ أَوْلَادَهُنَّ حَوْلَيْنِ كَامِلَيْنِ﴾
“Mothers shall breastfeed their children for two complete years...”
Surah al-Baqarah: 233
From this, it is clear:
This understanding has been derived and agreed upon by the Companions, including ʿAlī رضي الله عنه and ʿUthmān رضي الله عنه, as well as many classical scholars.
Baʿjah ibn ʿAbdullah al-Juhani narrated:
A man married a woman from the Juhaynah tribe. She gave birth after exactly 6 months. He took the matter to ʿUthmān رضي الله عنه, who initially ordered punishment. But ʿAlī رضي الله عنه intervened and cited the Qur’anic verses to prove that six months is the minimum legal pregnancy period.
Unfortunately, the woman had already been stoned by that time.
Tafsīr Ibn Kathīr 7/258
Tafsīr Ibn Abī Ḥātim 10/3293–3294
Tafsīr al-Durr al-Manthūr 6/9
✔ A child born six months or more after marriage is legitimate (ḥalāl) and can be attributed to the husband.
A child born less than six months after marriage—such as in two months—is not legitimate, and fornication (zinā) is assumed.
Parents must exercise extreme caution and ensure early marriage for their children to avoid such grave sins.
Delaying marriages without valid reason has led many youth into immoral behaviors. Parents should:
✔ Avoid cultural or extravagant delays
✔ Follow the Qur’an and Sunnah
✔ Marry their children promptly when they reach maturity
✔ Safeguard their children from fornication and immodesty
This will help raise pious, chaste, and God-fearing offspring, in shā’ Allāh.
❖ Question:
A man was engaged to a woman and they would meet in private. Later, they got married, and just two months after the marriage, the woman gave birth.
Is the child considered legitimate or illegitimate according to the Qur'an and Sunnah?
❖ Answer:
A child born two months after marriage cannot possibly be legitimate, because it is biologically and Shariʿah-wise impossible for childbirth to occur in such a short time span.
According to the authentic hadith of the Prophet ﷺ, the soul (rūḥ) is blown into the fetus after four months of gestation.
❖ Ḥadīth Reference:
ʿAbdullāh ibn Masʿūd رضي الله عنه narrated from the Prophet ﷺ:
"Each one of you is collected in the womb of his mother for forty days (as a drop), then becomes a clot for a similar period, then a lump of flesh for a similar period, then Allah sends an angel to breathe the soul into him..."
Ṣaḥīḥ al-Bukhārī, Book of Qadar, ḥadīth 6594 Ṣaḥīḥ Muslim, Book of Qadar, ḥadīth 2643This indicates that the soul enters the fetus only after 4 months (120 days).
Following that, at least two more months are required for the child to be born.
Therefore, a minimum of 6 months after the marriage is required for the child to be considered legitimate (ḥalāl) and ascribed to the father.
❖ Qur’anic Evidence:
Allah Almighty says:
﴿وَحَمْلُهُ وَفِصَالُهُ ثَلَاثُونَ شَهْرًا﴾
“And the bearing of him (the child) and his weaning is [a total of] thirty months.”
Surah al-Aḥqāf: 15Also:
﴿وَالْوَالِدَاتُ يُرْضِعْنَ أَوْلَادَهُنَّ حَوْلَيْنِ كَامِلَيْنِ﴾
“Mothers shall breastfeed their children for two complete years...”
Surah al-Baqarah: 233From this, it is clear:
- Total = 30 months (gestation + nursing)
- Nursing = 24 months
- Therefore, gestation = 6 months (minimum)
This understanding has been derived and agreed upon by the Companions, including ʿAlī رضي الله عنه and ʿUthmān رضي الله عنه, as well as many classical scholars.
❖ Sayings of the Scholars:
- Imām Ibn Kathīr رحمه الله:
“This is a strong and correct deduction (that minimum gestation is 6 months), supported by ʿUthmān and other Companions.”
Tafsīr Ibn Kathīr 7/257–258
- Imām al-Qurṭubī رحمه الله:
“Breastfeeding period is 24 months, and gestation is 6 months.”
al-Jāmiʿ li-Aḥkām al-Qur’ān 16/129
- Shaykh al-Shinqīṭī رحمه الله:
“There is no difference of opinion among scholars: the minimum gestation is six months.”
Aḍwā’ al-Bayān 5/38–39
- Imām al-Bayḍāwī رحمه الله, al-Zamakhsharī, al-Ālūsī, and others also confirmed this.
❖ Historical Incident: 6-Month Child During the Time of the Ṣaḥābah
Baʿjah ibn ʿAbdullah al-Juhani narrated:
A man married a woman from the Juhaynah tribe. She gave birth after exactly 6 months. He took the matter to ʿUthmān رضي الله عنه, who initially ordered punishment. But ʿAlī رضي الله عنه intervened and cited the Qur’anic verses to prove that six months is the minimum legal pregnancy period.
Unfortunately, the woman had already been stoned by that time.
Tafsīr Ibn Kathīr 7/258 Tafsīr Ibn Abī Ḥātim 10/3293–3294 Tafsīr al-Durr al-Manthūr 6/9
Final Verdict:
✔ A child born six months or more after marriage is legitimate (ḥalāl) and can be attributed to the husband.
A child born less than six months after marriage—such as in two months—is not legitimate, and fornication (zinā) is assumed.Parents must exercise extreme caution and ensure early marriage for their children to avoid such grave sins.
❖ Parental Responsibility:
Delaying marriages without valid reason has led many youth into immoral behaviors. Parents should:
✔ Avoid cultural or extravagant delays
✔ Follow the Qur’an and Sunnah
✔ Marry their children promptly when they reach maturity
✔ Safeguard their children from fornication and immodesty
This will help raise pious, chaste, and God-fearing offspring, in shā’ Allāh.
