She married the one who committed zina with her after she gave birth and the nifaas bleeding stopped

 

There is a woman who got pregnant from a man, then she gave birth and when the bleeding stopped she married this person, before the end of forty days. Is their marriage contract valid or not?.

Praise be to Allaah.

Firstly: 

What this woman has to do
is repent to Allaah from what she has done, because zina is a grave sin, a
serious crime and a great evil. The one who commits zina is warned of a
severe punishment in this world and in the Hereafter, but the one who
repents and mends his ways, Allaah will accept his repentance and turn his
bad deeds into good deeds, as Allaah says (interpretation of the meaning): 

“And those who invoke
not any other ilaah (god) along with Allaah, nor kill such person as Allaah
has forbidden, except for just cause, nor commit illegal sexual intercourse
__ and whoever does this shall receive the punishment.

69. The torment will be
doubled to him on the Day of Resurrection, and he will abide therein in
disgrace;

70. Except those who
repent and believe (in Islamic Monotheism), and do righteous deeds; for
those, Allaah will change their sins into good deeds, and Allaah is
Oft‑Forgiving, Most Merciful”

[al-Furqaan 25:68-70] 

“And verily, I am indeed
forgiving to him who repents, believes (in My Oneness, and associates none
in worship with Me) and does righteous good deeds, and then remains constant
in doing them (till his death)”

[Ta-Ha 20:82] 

She must also conceal
herself with the concealment of Allaah and not tell anyone about that. The
Prophet (peace and blessings of Allaah be upon him) said: “Avoid these
filthy things that Allaah has forbidden. Whoever has done any of them, let
him conceal himself with the concealment of Allaah.”

Narrated by al-Bayhaqi and
classed as saheeh by al-Albaani in Saheeh al-Jaami’ (149). 

Secondly:  

It is not permissible for
the zaani to marry the zaaniyah until after they have repented, because
Allaah says (interpretation of the meaning): 

“The adulterer —
fornicator marries not but an adulteress — fornicatress or a Mushrikah; and
the adulteress –fornicatress, none marries her except an adulterer —
fornicater or a Mushrik [and that means that the man who agrees to marry
(have a sexual relation with) a Mushrikah (female polytheist, pagan or
idolatress) or a prostitute, then surely, he is either an adulterer —
fornicator, or a Mushrik (polytheist, pagan or idolater). And the woman who
agrees to marry (have a sexual relation with) a Mushrik (polytheist, pagan
or idolater) or an adulterer — fornicator, then she is either a prostitute
or a Mushrikah (female polytheist, pagan, or idolatress)]. Such a thing is
forbidden to the believers (of Islamic Monotheism)”

[al-Noor 24:3]. 

If they had repented to
Allaah before getting married, then their marriage is valid. But if they did
the marriage contract before repenting, then the marriage is not valid. This
has been discussed in the answer to question no.
85335. 

With regard to the
marriage  contract being done after the bleeding stopped but before forty
days had passed, this does not affect the validity of the contract, because
what she should do – according to many scholars – is wait until her ‘iddah
following zina ends, then do the marriage if she wishes, even if that is
within the nifaas period. Her ‘iddah ended when she gave birth. 

The Standing Committee for
Issuing Fatwas was asked: If a man commits zina with a woman then they get
married, and after four months he repents to Allaah, is the marriage valid? 

They replied: It is not
permissible to marry a zaaniyah and the marriage contract with her is not
valid until she repents and her ‘iddah ends. 

End quote from Fataawa
al-Lajnah al-Daa’imah (18/383). 

To sum up: If they had
repented from zina before doing the contract, then the marriage is valid. If
they had not repented, then the marriage is not valid and they have to
repeat the marriage contract after repenting. We ask Allaah to accept their
repentance. 

And Allaah knows best.