Ruling on the crime of rape

What is the ruling on the crime of rape in Islam?.

Praise be to Allaah.

The Arabic word ightisaab refers to taking something wrongfully by force. It is now used exclusively to refer to transgression against the honour of women by force (rape). 

This is an abhorrent crime that is forbidden in all religions and in the minds of all wise people and those who are possessed of sound human nature. All earthly systems and laws regard this action as abhorrent and impose the strictest penalties on it, except a few states which waive the punishment if the rapist marries his victim! This is indicative of a distorted mind let alone a lack of religious commitment on the part of those who challenge Allaah in making laws. We do not know of any love or compassion that could exist between the aggressor and his victim, especially since the pain of rape cannot be erased with the passage of time – as it is said. Hence many victims of rape have attempted to commit suicide and many of them have succeeded, The failure of these marriages is proven and they are accompanied by nothing but humiliation and suffering for the woman. 

Islam has a clear stance which states that this repugnant action is haraam and imposes a deterrent punishment on the one who commits it. 

Islam closes the door to the criminal who wants to commit this crime. Western studies have shown that most rapists are already criminals who commit their crimes under the influence of alcohol and drugs, and they take advantage of the fact that their victims are walking alone in isolated places, or staying in the house alone. These studies also show that what the criminals watch on the media and the semi-naked styles of dress in which women go out, also lead to the commission of this reprehensible crime. 

The laws of Islam came to protect women's honour and modesty. Islam forbids women to wear clothes that are not modest and to travel without a mahram; it forbids a woman to shake hands with a non-mahram man. Islam encourages young men and women to marry early, and many other rulings which close the door to rape. Hence it comes as no surprise when we hear or read that most of these crimes occur in permissive societies which are looked up to by some Muslims as examples of civilization and refinement! In America – for example – International Amnesty stated in a 2004 report entitled “Stop Violence Against Women” that every 90 seconds a woman was raped during that year. What kind of life are these people living? What refinement and civilization do they want the Muslim women to take part in? 

The punishment for rape in Islam is same as the punishment for zina, which is stoning if the perpetrator is married, and one hundred lashes and banishment for one year if he is not married. 

Some scholars also say that he is required to pay a mahr to the woman. 

Imam Maalik (may Allaah have mercy on him) said: 

In our view the man who rapes a woman, whether she is a virgin or not, if she is a free woman he must pay a “dowry” like that of her peers, and if she is a slave he must pay whatever has been detracted from her value. The punishment is to be carried out on the rapist and there is no punishment for the woman who has been raped, whatever the case. End quote. 

Al-Muwatta’, 2/734 

Shaykh Salmaan al-Baaji (may Allaah have mercy on him) said: 

In the case of a woman who is forced (raped): if she is a free woman, the one who forced her must pay her a “dowry” like that of her peers, and the hadd punishment is to be carried out on him. This is the view of al-Shaafa’i, and it is the view of al-Layth, and it was also narrated from ‘Ali ibn Abi Taalib (may Allaah be pleased with him). 

Abu Haneefah and al-Thawri said: the hadd punishment is to be carried out on him but he is not obliged to pay the “dowry”. 

The evidence for what we say is that the hadd punishment and the “dowry” are two rights, one of which is the right of Allaah and the other is the right of the other person. So they may be combined, as in the case of a thief whose hand is cut off and he is required to return the stolen goods. End quote. 

Al-Muntaha Sharh al-Muwatta’, 5/268, 269 

Ibn ‘Abd al-Barr (may Allaah have mercy on him) said: 

The scholars are unanimously agreed that the rapist is to be subjected to the hadd punishment if there is clear evidence against him that he deserves the hadd punishment, or if he admits to that. Otherwise, he is to be punished (i.e., if there is no proof that the hadd punishment for zina may be carried out against him because he does not confess, and there are not four witnesses, then the judge may punish him and stipulate a punishment that will deter him and others like him). There is no punishment for the woman if it is true that he forced her and overpowered her, which may be proven by her screaming and shouting for help. End quote. 

Al-Istidhkaar, 7/146 

Secondly: 

The rapist is subject to the hadd punishment for zina, even if the rape was not carried out at knife-point or gun-point. If the use of a weapon was threatened, then he is a muhaarib, and is to be subjected to the hadd punishment described in the verse in which Allaah says (interpretation of the meaning): 

“The recompense of those who wage war against Allaah and His Messenger and do mischief in the land is only that they shall be killed or crucified or their hands and their feet be cut off from opposite sides, or be exiled from the land. That is their disgrace in this world, and a great torment is theirs in the Hereafter”

[al-Maaidah 5:33] 

So the judge has the choice of the four punishments mentioned in this verse, and may choose whichever he thinks is most suitable to attain the objective, which is to spread peace and security in society, and ward off evildoers and aggressors. 

See also question no. 41682

And Allaah knows best.

Description of flogging for an unmarriezd person who commits zina

The punishment for zina For unmarried person as in islam is
“The fornicatress and the fornicator, flog each of them with a hundred stripes. Let not pity withhold you in their case, in a punishment prescribed by Allaah” [al-Noor 24:2]
For this punishment to be applicable, Allaah has laid down the condition that the act be witnessed by four men whose word can be trusted; a confession does away with the requirement of four witnesses.
1) My quistion is after 100 lashes the genrally( if person is of normal personality or not very strong) the man will remain alive or not ?
2) How hard or powerful this lashes will be? is there any standard to apply so much strength on each lash?.

Praise be to Allaah.

Flogging in the case of hudood punishments is not meant to kill, rather it is intended as a form of discipline and rebuke, and to purify the person of sin. Hence many fuqaha’ have pointed out that it must be done with moderate force, and the person carrying out the punishment should not raise his arm so high that his armpit shows, and he should not use a new whip, or strip the person of his clothing unless it is something like a thick coat, which should be removed. The person being punished should be flogged standing, according to the majority of scholars; he should not be made to lie down and he should not be bound, and blows to the face, head and genitals are to be avoided. 

Ibn Qudaamah (may Allaah have mercy on him) said: Rather the blows should be distributed all over the body, so that each limb will have its share, but most of them should be on the fleshy parts such as the buttocks and thighs, and the sensitive areas should be avoided, namely the head, face and genitals of men and women alike. 

He said concerning the person being punished that he should not be made to lie down, or be bound, and we do not know of any difference of opinion concerning that. 

Ibn Mas’ood said:  It is not prescribed in our religion to make the offender lie down or to tie him up or remove his clothing. The companions of the Messenger of Allaah (peace and blessings of Allaah be upon him) flogged offenders but there is no report that any of them made the offender lie down or tied him up or removed his clothing. 

His garment should not be removed, rather he is it acceptable if he is wearing one or two garments, but if he is wearing a thick coat, it should be removed, because if it is left on he will not feel the blows. Ahmad said: If winter garments are left on him, he will not feel the blows. Maalik said: His clothes should be removed [apart from that which covers the ‘awrah], because the command to flog implies that the blows should be directly to his body. We have the view of Ibn Mas’ood, and we do not know of any of the Sahaabah who differed with him. Allaah did not command us to strip the offender, rather he commanded us to flog him, so whoever is flogged through his clothes has been flogged. 

And he said: Once this is established, then the whip should be of moderate quality, not so new that it would cause injury and not so worn out that it hardly hurts him. It was narrated that a man confessed to the Messenger of Allaah (peace and blessings of Allaah be upon him) that he had committed zina, so the Messenger of Allaah (peace and blessings of Allaah be upon him) called for a whip and he was given a broken whip. He said, “Better than this.” So he was brought a brand new whip. He said, “Something between these two.”  Narrated by Maalik from Zayd ibn Aslam in a mursal report; and it was narrated from Abu Hurayrah in a musnad report. 

It was narrated from ‘Ali (may Allaah be pleased with him) that he said: Moderate blows with a moderate whip. Not so harsh as to kill and not so weak as to be no deterrent. He should not raise his arm completely, or keep it so low that it causes no pain. Ahmad said: His armpit should not show in any of the hudood punishments, i.e., he should not raise his arm so high, because the point is to discipline him, not kill him. 

From al-Mughni, 1/141-142. 

From the above it is clear that an ordinary person will not usually be killed by flogging; the purpose is to serve as a rebuke and discipline. And the believers should witness this punishment, as Allaah says (interpretation of the meaning): 

“The fornicatress and the fornicator, flog each of them with a hundred stripes. Let not pity withhold you in their case, in a punishment prescribed by Allaah, if you believe in Allaah and the Last Day. And let a party of the believers witness their punishment”

[al-Noor 24:2] 

And Allaah knows best.

Islam Q&A

Muslim attitude towards the sin of homosexuality

Dear sir,

How are you? I am currently researching issues related to Homosexual persecution In Asia, especially Malaysia. I hope that you could kindly help answer a few of my questions.

1)How are homosexuals (Muslim & non-muslim) being treated in Malaysia?
2)How severe will the punishment be?
3)How does society perceive homosexuals?
4)Is homosexuality legal?

Thank you very much for your kind help.

Praise be to Allaah.

We do not have any information about homosexuality in Malaysia, but we assume that the Muslims there feel total abhorrence towards this shameful act, because their religion, Islam, emphatically forbids this deed and prescribes a severe punishment for it, in this world and the next. How could it be otherwise, when the Prophet of Islam (peace and blessings of Allaah be upon him) said: "Whoever you find committing the sin of the people of Lut (Lot), kill them, both the one who does it and the one to whom it is done" - i.e. if it is done with consent. (This hadeeth was narrated by al-Tirmidhi in his Sunan, 1376)

The scholars of Islam, such as Maalik, al-Shaafi'i, Ahmad and Ishaaq said that (the person guilty of this crime) should be stoned, whether he is married or unmarried.

There is no doubt that this act, which goes against the pure human nature created by Allaah, by making men content with men and women with women, destroying families, adversely affecting the birth rate, causing the spread of killer diseases, harming the innocent when children are raped, and generally spreading corruption on earth, should be uprooted and stamped out.

Perhaps your research will lead you to find out much more about this religion with its great laws and accurate rules and the wisdom of the One Who revealed it.

I ask Allaah to grant you help and success, for Allaah is the One Who guides to the Straight Path.

Why does Islam forbid lesbianism and homosexuality?

Could you please tell me that why is a homosexuality a sin in islam? I know it’s a great sin but my question is why? I haven't able to find the real reason why? So، if you could can you also tell me that what Allah has says in Quran or in hadith about it. Please let me know as soon as possible.

Praise be to Allaah.  

The Muslim should not doubt, even for an instant, that what Allaah has prescribed is wise. He should know that there is great wisdom in what Allaah has commanded and what He has forbidden; it is the straight path and is the only way in which man can be safe and at peace, protecting his honour, his mind and his health, in accordance with the natural disposition (fitrah) with which Allaah has created man. 

Some heretics have tried to attack Islam and its rulings; they have denounced divorce and plural marriage and permitted alcohol. Those who look at the state of their societies will see the state of misery which those societies have reached. 

When they rejected divorce, murder took its place. When they rejected plural marriage, men started to take mistresses instead. When they allowed alcohol, all kinds of shameful and immoral actions became widespread. 

They (gays and lesbians) both go against the natural disposition (fitrah) which Allaah has created in mankind – and also in animals – whereby the male is inclined towards the female, and vice versa.
Whoever goes against that goes against the natural disposition of mankind, the fitrah. 

The spread of homosexuality has caused man diseases which neither the east nor the west can deny exist because of them. Even if the only result of this perversion was AIDS – which attacks the immune system in humans – that would be enough. 

It also causes the breakup of the family and leads people to give up their work and study because they are preoccupied with these perversions. 

Since the prohibition has come from his Lord, the Muslim should not wait until medicine proves that harm befalls the one who does that which Allaah has forbidden. Rather he must believe firmly that Allaah only prescribes that which is good for people, and these modern discoveries should only increase his certainty and confidence in the greatness of Allaah’s wisdom. 

Ibn al-Qayyim said: 

Both of them – fornication and homosexuality – involve immorality that goes against the wisdom of Allaah’s creation and commandment. For homosexuality involves innumerable evil and harms, and the one to whom it is done would be better off being killed than having this done to him, because after that he will become so evil and so corrupt that there can be no hope of his being reformed, and all good is lost for him, and he will no longer feel any shame before Allaah or before His creation. The semen of the one who did that to him will act as a poison on his body and soul. The scholars differed as to whether the one to whom it is done will ever enter Paradise. There are two opinions which I heard Shaykh al-Islam (may Allaah have mercy on him) narrate.” 

(al-Jawaab al-Kaafi, p. 115). 

2. Lesbianism means one woman doing to another something like that which a man does to a woman. Homosexuality means having intercourse with males in the back passage. This was the action of the accursed people of the Prophet of Allaah Loot (peace be upon him). In sharee’ah terminology it refers to inserting the tip of the penis into the anus of a male. 

What is mentioned concerning these actions in the Qur’aan and Sunnah: 

A – Allaah says (interpretation of the meaning): 

“And (remember) Loot (Lot), when he said to his people: ‘Do you commit the worst sin such as none preceding you has committed in the ‘Aalameen (mankind and jinn)?

Verily, you practise your lusts on men instead of women. Nay, but you are a people transgressing beyond bounds (by committing great sins)’”

[al-A’raaf 7:80-81] 

B – “Verily, We sent against them a violent storm of stones (which destroyed them all), except the family of Loot (Lot), them We saved in the last hour of the night”

[al-Qamar 54:34 – interpretation of the meaning] 

C – “And (remember) Loot (Lot), when he said to his people: ‘Do you commit the worst sin such as none preceding you has committed in the ‘Aalameen (mankind and jinn)?”

[al-A’raaf 7:80 – interpretation of the meaning] 

And Allaah says (interpretation of the meaning): 

“And (remember) Loot (Lot), when he said to his people: ‘You commit Al‑Faahishah (sodomy the worst sin) which none has preceded you in (committing) it in the ‘Aalameen (mankind and jinn)’”

[al-‘Ankaboot 29:28] 

D – “And (remember) Loot (Lot), We gave him Hukm (right judgement of the affairs and Prophethood) and (religious) knowledge, and We saved him from the town (folk) who practised Al‑Khabaa’ith (evil, wicked and filthy deeds). Verily, they were a people given to evil, and were Faasiqoon (rebellious, disobedient to Allaah)”

[al-Anbiya’ 21:74 – interpretation of the meaning] 

E – “And (remember) Loot (Lot)! When he said to his people, ‘Do you commit Al‑Faahishah (evil, great sin, every kind of unlawful sexual intercourse, sodomy) while you see (one another doing evil without any screen)

Do you practise your lusts on men instead of women? Nay, but you are a people who behave senselessly.’

There was no other answer given by his people except that they said: ‘Drive out the family of Loot (Lot) from your city. Verily, these are men who want to be clean and pure!’

So We saved him and his family, except his wife. We destined her to be of those who remained behind.

And We rained down on them a rain (of stones). So evil was the rain of those who were warned”

[al-Naml 27:54-58 – interpretation of the meaning] 

These verses refer to the punishment that befell the people of Loot. With regard to the rulings on them: 

F – Allaah says (interpretation of the meaning]: 

“And the two persons (man and woman) among you who commit illegal sexual intercourse, hurt them both. And if they repent (promise Allaah that they will never repeat, i.e. commit illegal sexual intercourse and other similar sins) and do righteous good deeds, leave them alone. Surely, Allaah is Ever All-Forgiving (the One Who forgives and accepts repentance), (and He is) Most Merciful”

[al-Nisa’ 4:16] 

Ibn Katheer said: 

“The words of Allaah ‘And the two persons (man and woman) among you who commit illegal sexual intercourse, hurt them both’ mean, those who commit immoral actions, punish them both. Ibn ‘Abbaas (may Allaah be pleased with him), Sa’eed ibn Jubayr and others said: By condemning them, shaming them and hitting them with shoes. This was the ruling until Allaah abrogated it and replaced it with whipping and stoning. ‘Ikrimah, ‘Ata, al-Hasan and ‘Abd-Allaah ibn Katheer said: This was revealed concerning a man and woman who commit fornication. Al-Saddi said, it was revealed concerning young people before they get married. Mujaahid said:  it was revealed concerning two men if they admit it bluntly; a hint is not sufficient  – as if he was referring to homosexuality. And Allaah knows best.” 

(Tafseer Ibn Katheer, 1/463). 

G – It was narrated that Jaabir (may Allaah be pleased with him): “The Prophet (peace and blessings of Allaah be upon him) said: ‘There is nothing I fear for my ummah more than the deed of the people of Loot.’”

(Narrated by al-Tirmidhi, 1457; Ibn Maajah, 2563. This hadeeth was classed as saheeh by Shaykh al-Albaani (may Allaah have mercy on him) in Saheeh al-Jaami’, no. 1552). 

H – It was narrated that Ibn ‘Abbaas said: “The Prophet (peace and blessings of Allaah be upon him) said: “… cursed is the one who has intercourse with an animal, cursed is the one who does the action of the people of Loot.”

(Narrated by Ahmad, 1878. This hadeeth was classed as saheeh by Shaykh al-Albaani in Saheeh al-Jaami’, no. 5891). 

I – It was narrated that Ibn ‘Abbaas said: “The Prophet (peace and blessings of Allaah be upon him) said: ‘Whoever you find doing the deed of the people of Loot, kill the one who does it and the one to whom it is done.”

(Narrated by al-Tirmidhi, 1456; Abu Dawood, 4462; Ibn Maajah, 2561. This hadeeth was classed as saheeh by Shaykh al-Albaani in Saheeh al-Jaami’, no. 6589). 

And Allaah knows best.

When should the hadd punishment for zina be carried out on a man?

When does a person deserve the hadd punishment for zina? Is it due when the two circumcised parts meet? Is it when there is sexual intimacy without penetration, i.e., when the man emits semen outside the vagina as some people do when they do not want a pregnancy to occur, or is it only incurred when full intercourse takes place?.

Praise be to Allaah.

The hadd punishment for zina is incurred when the head of the penis enters the vagina. In that case the two circumcised parts have met, i.e., the site of the man’s circumcision and the site of circumcision in the female. If penetration takes place, then this is the zina which incurs the hadd punishment, whether the man ejaculates or not, or if he penetrates to this extent then ejaculates outside, and whether his penis is erect or not. 

It says in al-Mawsoo’ah al-Fiqhiyyah (24/23), explaining the conditions of the hadd punishment for zina on which the fuqaha’ are agreed: There is no difference of opinion among the fuqaha’ that in order for the hadd punishment to be incurred, the head of the penis has to disappear into the vagina. If it does not enter it at all or only part of it enters, then there is no hadd punishment because that is not intercourse. There is no stipulation that ejaculation must take place or that the penis must be erect at the time of penetration. The hadd punishment must be carried out whether he ejaculated or not, and whether his penis was erect or not. End quote. 

Secondly: 

This does not mean that a person may be negligent about committing haraam actions so long as they do not reach the level of zina! Rather the intention here is simply to define the zina that incurs the hadd punishment. Being alone with a non-mahram woman, touching her or kissing her are all undoubtedly haraam, and the Muslim must avoid such actions for fear of the punishment of Allaah sooner or later, in this world or in the Hereafter. 

We ask Allaah to guide us and make us pious and chaste. 

And Allaah knows best.

The zina which incurs the hadd punishment

I read on a fatwa site about a young man who engaged in all kinds of sexual actions with a girl apart from penetration. What is the ruling on this in Islam? Is he subject to the hadd punishment for zina? Is he regarded as having committed zina with her? If he marries her, will that be regarded as expiation for him? What does he have to do in order to repent? The reply on that site, or as I understood it, was that he is regarded as a zaani (fornicator, adulterer) because the one who approaches a haraam deed is like the one who does it.

Praise be to Allaah.

Firstly: 

In the case of zina, the hadd punishment is conditional upon penetration, which means that the head of the penis disappears into the vagina. If it does not penetrate it or only part of it penetrates it, then he is not subject to the hadd punishment.  

It says in al-Mawsoo’ah al-Fiqhiyyah (24/23), explaining the conditions of the hadd punishment for zina on which the fuqaha’ are agreed: There is no difference of opinion among the fuqaha’ that in order for the hadd punishment to be incurred, the head of the penis has to disappear into the vagina. If it does not enter it at all or only part of it enters, then there is no hadd punishment because that is not intercourse. There is no stipulation that ejaculation must take place or that the penis must be erect at the time of penetration. The hadd punishment must be carried out whether he ejaculated or not, and whether his penis was erect or not. End quote. 

Secondly: 

The things that lead to zina such as touching, kissing, and rubbing the private parts together without penetrating do not come under the ruling on zina, and the one who does them is not subject to the hadd punishment, rather he is to be punished and disciplined because he has done something that is haraam and plainly evil, and because these actions may lead him to commit true zina. Islam calls these actions zina, as in the hadeeth which was narrated by al-Bukhaari (6243) and Muslim (2657) from Abu Hurayrah (may Allaah be pleased with him) from the Prophet (peace and blessings of Allaah be upon him)  who said: “Allaah has decreed for the son of Adam his share of zina which will inevitably catch up with him. The zina of the eye is looking and the zina of the tongue is speaking. The heart wishes and longs and the private part confirms that or denies it.” 

Ibn Battaal (may Allaah have mercy on him) said: Looking and speaking are called zina because they invite one to true zina. Hence he said: “the private part confirms that or denies it.” End quote from Fath al-Baari. 

See also question no. 81995. 

Thirdly: 

The one who has done such actions must repent to Allaah sincerely, by giving it up, regretting what he has done, resolving not to go back to it, and avoiding the causes and things that lead to that such as being alone with a woman, looking and shaking hands.

As for marrying that girl, if she is chaste and did not commit zina, or she did that but then repented to Allaah, then there is nothing wrong with marrying her. We do not find any evidence to suggest that this marriage will expiate this sin. Rather what will expiate it is repenting to Allaah and mending one's ways. Allaah says (interpretation of the meaning): 

“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] 

Fourthly: 

It is not correct to say that approaching a haraam deed is like doing it. Rather this is subject to further discussion. 

If a person thinks of doing an evil deed then refrains from it, he will be rewarded, as it says in the hadeeth narrated from Ibn ‘Abbaas (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said, relating from his Lord, may He be glorified and exalted: “Allaah decreed good deeds and bad deeds, then He explained that. Whoever thinks of doing a good deed then does not do it, Allaah will write it down as one complete good deed. If he thinks of doing a good deed and then does it, Allaah [may He be glorified and exalted] will write it down between ten and seven hundred fold, or many more. If he thinks of doing a bad deed then he does not do it, Allaah will write it down as one complete good deed, and if he thinks of it then does it, Allaah will write it down as one bad deed.”

Narrated by al-Bukhaari (6491), Muslim (131) 

If he thinks of doing an evil deed and resolves to do it, and starts to do it, or tries to do it, but is not able to complete it due to external factors, then he is sinning and is not rewarded, as is indicated by the hadeeth: “If two Muslims confront one another with their swords then the killer and the victim will be in Hell.” I said: “O Messenger of Allaah, the killer’s (case is clear), but what about the one who is killed?” He said: “He was keen to kill his companion.” Narrated by al-Bukhaari (31), Muslim (2888). 

Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) said: This hadeeth gives the answer to the question of whether a person will be accountable for what he intends to do. Some people say he will be accountable for it if his intention reached the level of resolve. Some say that he is not accountable. The answer is that if the intention reaches the level of resolve, then it must be accompanied by some words or deeds (in order for a person to be accountable for his intention). End quote.  

Those who said that he would be accountable for his intention quoted as evidence the words of the Prophet (peace and blessings of Allaah be upon him), “If two Muslims confront one another with their swords then the killer and the victim will be in Hell.” But this is not evidence that one will be accountable merely for thinking of it, for he said that about two men who each fought with the intention of killing the other, but this is not merely resolve, rather this is resolve accompanied by action, but he was unable to complete his goal. This person will be accountable according to the consensus of the Muslims. If a person strives to drink alcohol and tries by his words and deeds to do that but fails, he is a sinner according to the consensus of the Muslims. He is like one who drinks even if he does not drink. Similarly if a person strives to commit zina or steal and so on, in his words and deeds, but fails to do it, then he is a sinner like the one who does it. The same applies to murder, and so on. End quote from Majmoo’ al-Fataawa (14/122). 

This applies if the sin is committed and incurs punishment in the Hereafter. As for the punishment that results from committing sins in this world, such as the hadd punishment for zina, he is not to be punished in this manner except if he commits true zina, not if he tries to commit zina but fails. 

And Allaah knows best.

He committed zina with a woman; is he allowed to marry her daughter?

I am a thirty year old man. The shaytaan tempted me and I committed zina with a woman, then Allaah blessed me and had mercy on me, and I repented sincerely to Allaah, may Allaah accept it from me. Until now I have not gotten married. I have decided to get married and my mother has suggested a girl, but this girl is the daughter of the woman with whom I committed zina before (please note that the zina occurred two years ago, and her daughter is now twenty years old). Hence I hope that you can advise me whether this marriage is haraam or not? I hope that you can explain fully.

Praise be to Allaah.

We ask Allaah to accept your repentance. Strive to make it a sincere repentance, because the crime of zina is a grave sin which results in many evils. The married man who commits zina deserves to be stoned to death, and there is no greater punishment than that among the hudood punishments, because of the abhorrent and repugnant nature of this crime. 

Our advice to you is not to marry this girl, not because marrying her is haraam, but because through this marriage you will become closer to her mother with whom you committed zina, and getting close to her will remind you of that evil sin, and the shaytaan may whisper to you again, and make sin appear attractive to you, so you fall into it. Keeping away from reminders of evil and sin is part of repentance. This is indicated by the hadeeth about the one who killed one hundred people; the scholar told him to leave his village because its people were evil and immoral people. This is part of repenting fully. 

With regard to whether it is permissible to marry this girl, there was a difference of opinion among the scholars regarding such cases. Al-Shaafa’i and Maalik – according to one of the two reports narrated from him – said that it is permissible, but Abu Haneefah, Ahmad and Maalik – according to the other report – said that such a marriage is haraam. The more correct is the first view. 

Ibn ‘Abd al-Barr said: 

They differed concerning a man who commits zina with a woman; is it permissible for him to marry her daughter or mother? Similarly, if he committed zina with a woman, can his son or father marry her? In all these cases, does zina make haraam what a valid marriage or an invalid marriage makes haraam (i.e., makes certain relatives mahrams to whom marriage is forbidden)? 

Maalik said in his Muwatta’: Zina with a woman does not make it haraam for the one who commits zina with her to marry her daughter or mother. If a man commits zina with the mother of his wife, his wife does not become haraam to him, rather he should be killed. Zina does not make haraam anything that a permissible marriage makes haraam. 

This is the view of Ibn Shihaab al-Zuhri and Rabee’ah; it was also the view of al-Layth ibn Sa’d, al-Shaafa’i, Abu Thawr and Dawood. It was also narrated from Ibn ‘Abbaas, who said concerning that: A haraam deed does not make something permissible haraam. 

Ibn al-Qaasim narrated from Maalik something other than what is said in al-Muwatta’. He said: If a man commits zina with the mother of his wife, he must be separated from his wife, and in his view he comes under the ruling of one who has married his wife’s mother and consummated the marriage with her. This is also the view of Abu Haneefah and his companions, and of al-Thawri and al-Awzaa’i, all of whom said that if a man commits zina with his wife’s mother, then his wife becomes haraam for him. 

Sahnoon said: The companions of Maalik all disagreed with Ibn al-Qaasim on this matter and they agreed with what it says in al-Muwatta’. Allaah has forbidden the Muslim to marry his wife’s mother or daughter. If a man owns a slave woman and he has intercourse with her, then her mother and daughter also become haraam for him. 

Similarly, if his father has intercourse with a woman whom he marries or owns as a slave, they become haraam for the son, and vice versa. This has to do with permissible types of intercourse. And Allaah is the One Whose help we seek.  

These fuqaha’ – the ones who were qualified to issue fatwas in the Islamic regions – were unanimously agreed that it is not haraam for a man to marry a woman with whom he committed zina, if it is established that she is not pregnant, so it is more likely that he is permitted to marry her mother or daughter. And Allaah is the source of strength.

 Al-Istidhkaar (5/463, 464). 

Shaykh Muhammad ibn Saalih al-‘Uthaymeen (may Allaah have mercy on him) said: 

The correct view is that the mother of a woman with whom a man has committed zina is not haraam for the one who did that, and the daughter of the woman with whom he committed zina is not haraam for the one who did that, because Allaah says (interpretation of the meaning): 

“All others are lawful”

[al-Nisa’ 4:24] 

Allaah did not mention the mother or daughter of a woman with whom zina has been committed as being among those to whom marriage is forbidden, rather He said:  

“your wives’ mothers, your stepdaughters under your guardianship, born of your wives to whom you have gone in — but there is no sin on you if you have not gone in them (to marry their daughters),”

[al-Nisa’ 4:23] 

It is well known that the woman with whom a man has committed zina is not one of his wives at all. As she is not one of his wives, it is not valid to compare fornication to valid marriage. If he has repented from zina it is permissible for him to marry the mother or daughter of a woman with whom he committed zina. End quote. 

Al-Sharh al-Mumti’ (7/38, 39) 

Conclusion: 

This is a matter concerning which the scholars differed. The correct view is that it is permissible to marry the daughter of a woman with whom one has committed zina so long as she is not one’s own daughter, but our advice to you is not to marry her for two reasons: to be on the safe side, because she is haraam for you according to many of the scholars, and so that your marriage to her will not be a cause of your getting close to her mother and getting in touch with her, which may lead to you going back to that sin from which you have repented. And Allaah knows best.