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For more details, please see the answers to questions no. What we want to find out from both parties is two important matters, on which the answer will be based.
Was there any intimacy which deserved to be punished, either by a disciplinary punishment (ta’zeer) or a hadd punishment?If zina did not take place, rather the relationship was just touching and no penetration took place, then they cannot be called zaanis, even if ejaculation occurred and those actions constituted major sins, but it cannot be called zina unless there was penetration. If no zina took place, or it took place but they repented, then there is no need to do anything; rather they remain married but they should strive to do a lot of righteous deeds. If zina took place between them and she did not have a period before getting married, then she got married before it was proven that she was not pregnant, this means that the marriage should be annulled.Shaykh Muhammad ibn Ibraaheem (may Allah have mercy on him) said: It is not permissible to marry a zaaniyah until she repents.With regard to the questioner saying in his question, “But what is certain is that the full consummation came after marriage, i.e., they are not certain that any immoral action took place because there is no evidence to indicate that”, if that is true as he says, that there is no certainty that zina occurred in this case and what it is certain is that full consummation occurred after marriage, then the answer is clear from what we have said, which is that what happened does not affect the validity of the marriage at all and there is no need to annul it or do a new marriage contract, and there is no need to open the door to waswasah concerning their marriage.
Rather all they have to do is fear Allah with regard to what remains and strive to do good deeds, in the hope that Allah will accept their repentance and replace their bad deeds with good for He is Oft Forgiving, Most Merciful.
But in the case of zina, the child is not to be attributed to the zaani; the blood relationship to him is not proven and therefore he cannot inherit from him.