quran recitation online blog

Tuesday, 13 March 2012

Shar’i implications of husband’s zina with his wife’s mother before and after marriage

There is a woman who is married, and her husband committed zina several times with her mother, but this wife does not know. What should she do with her mother and her husband? She is confused about her situation.

Praise be to Allaah.

Firstly:

It is not permissible for anyone to claim that someone else has committed zina unless that is proven in the way dictated by sharee’ah, such as a confession of the zaani, or the testimony of four men of good character who witnessed the act of zina. The one who claims that someone committed zina with no proof has committed slander, which is a major sin for which a person deserves eighty lashes; this is the hadd punishment for slander.

Allaah says (interpretation of the meaning):

“And those who accuse chaste women, and produce not four witnesses, flog them with eighty stripes, and reject their testimony forever. They indeed are the Faasiqoon (liars, rebellious, disobedient to Allaah).

5. Except those who repent thereafter and do righteous deeds; (for such) verily, Allaah is Oft‑Forgiving, Most Merciful”

[al-Noor 24:4-5]

Secondly:

If the questioner has proof of what is mentioned in the question, that the husband committed the sin of zina with his wife’s mother, then it should be noted that they both deserve the punishment and wrath of Allaah, and they deserve to be punished in this world. As the woman is married, she deserves to be stoned to death. If he was married then he deserves the same, and if he committed zina before he was married, then the punishment is one hundred lashes.

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]

It was narrated that Abu Hurayrah said: A Muslim man came to the Messenger of Allaah (peace and blessings of Allaah be upon him) when he was in the mosque and called out to him, saying: O Messenger of Allaah, I have committed zina. He turned away from him, so he came around to face him and said to him: O Messenger of Allaah, I have committed zina. He turned away from him, until he had repeated that four times. When he had testified against himself four times, the Messenger of Allaah (peace and blessings of Allaah be upon him) called him and said: “Are you insane?” He said: No. He said: “Are you married?” He said: Yes. The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Take him and stone him.”

Narrated by al-Bukhaari (6439) and Muslim (1691).

“Married” refers to one who has previously been married and consummated the marriage, even if divorce took place after that or the husband or wife died.

Imam Ahmad said – according to one report narrated from him – concerning the one who does that: He is to be executed whatever the case, i.e., the one who commits zina with one of his mahrams is to be executed, whether he was married or not, and whether the mahram was a mahram through blood ties, marriage or breastfeeding.

Ibn Qudaamah said: This is also the view of Jaabir ibn Zayd, Ishaaq, Abu Ayyoob and Ibn Abi Khaythamah. End quote. Al-Mughni (12/341).

Ibn al-Qayyim (may Allaah have mercy on him) said: If the evil deed was done with a mahram, this is the worst of evil deeds, and the one who did that is to be executed in all cases, according to Imam Ahmad and others.

Rawdat al-Muhibbeen p. 374.

Does the fact that he committed zina with her mother mean that it is haraam for him to marry her daughter, or that the marriage should be annulled? There is a difference of opinion among the scholars concerning that. The most correct view is that it does not make the marriage haraam and the marriage should not be annulled.

The ruling on this matter has been stated and explained in detail in the answer to question no. 78597.

Thirdly:

What the wife must do now is:

1. Not act or make any decision about this matter unless she has definitive proof.

2. Advise her mother – if the accusation of zina is proven – that it is essential to repent sincerely.

3. Advise her husband to repent sincerely if he committed zina with her mother after she got married. It is essential to keep him away from her mother in living arrangements and meetings so that this deed will not be repeated. If he does not repent from this action then she should hasten to get divorced, and it is not permissible for her to stay with him, because Allaah has forbidden marriage of a zaani to a chaste believing woman.

We understand what a severe calamity has befallen this sister. How great is a woman’s grief, and difficult it is for her to bear it if her husband commits zina, and it is a thousand and one times more difficult to bear it when her mother commits zina, so how about if it is her husband who is committing zina with her mother? This is indeed a calamity!

We ask Allaah to relieve her distress and take away her sorrow, and to bless her with patience and wisdom.

But before making any major decision, we advise her to think long and hard about the consequences.

If she decides to leave her husband, then in that case can she live in the same house as her mother, who is the one who did that and wrecked her marriage?

We think, if she has no suitable place to go and no mahram who can take care of her, that staying with her husband and advising him to repent and mend his ways is easier for her than getting divorced and living in her mother’s house.

This sister should weigh up the consequences of her decision. Some evils are easier to bear than others.

And Allaah knows best.

The reason why the one to whom a homosexual act is done is to be executed

Why is the one to whom a homosexual act is done to be executed like the one who does it?.

Praise be to Allaah.

Al-Tirmidhi (1456), Abu Dawood (4462) and Ibn Maajah (2561) narrated that Ibn ‘Abbaas (may Allaah be pleased with him) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Whoever you find doing the action of the people of Loot, execute the one who does it and the one to whom it is done.” Classed as saheeh by al-Albaani in Saheeh al-Tirmidhi.

The Sahaabah were unanimously agreed on the executing of homosexuals, but they differed as to how they were to be executed.

Some of them, such as Abu Bakr al-Siddeeq and ‘Ali ibn Abi Taalib (may Allaah be pleased with them) thought that they should be burned to death. Some of them, such as Ibn ‘Abbaas (may Allaah be pleased with him) thought that they should be thrown from a tall building followed by stoning. Some of them thought that they should be stoned to death, which was narrated from both ‘Ali and Ibn ‘Abbaas (may Allaah be pleased with them).

See: al-Mughni (9/58).

The reason why the one to whom such an act is done should also be executed is because he is a partner in the sin, because this sin can only be committed if both parties take part, so it is only just to carry out the punishment on both of them. Similarly in the case of zina (adultery), the punishment is carried out on both the man and the woman. Moreover there is nothing good to be gained from letting the one to whom it has been done remain alive, because of the great evil that has befallen him and because of the great evil that may result from his presence.

It says in Mataalib Ooli al-Nuha (6/174): Even though adultery and homosexuality are both immoral deeds and are both evils that go against the wisdom of Allaah in His creation and His command, in homosexuality there are innumerable evils and it is better for the one to whom it was done to be executed than to let him repeat that evil action, because he has been corrupted in such a way that there is no hope of reform for him, and there is no goodness left in him, and after that he will not feel shy before Allaah or before His creation. The sperm of the one who did that will affect his heart and soul as poison affects the body, and he does not deserve to be guided to anything good, and every time he tries to do something good, something will happen to spoil his good deed, as a punishment to him. Hardly ever do you see one who was like that in his youth but he is the worst he can be when he grows old. He does not gain any beneficial knowledge or do any righteous deeds, or repent sincerely, in most cases. Once this is established, the evil consequences of homosexuality are among the worst of evil consequences, so its punishment is one of the most severe of punishments in this world and in the Hereafter.

The companions of the Messenger of Allaah (peace and blessings of Allaah be upon him) agreed unanimously that the homosexual is to be executed, and none of them differed concerning that. Rather they differed as to the method of execution. Some people thought that this difference means that they disagreed about executing him, so they narrated it as a matter concerning which the Sahaabah differed, but it is a matter concerning which there was consensus among them, not a matter of difference. End quote.

The source for this was Ibn al-Qayyim (may Allaah have mercy on him), who mentioned it in al-Jawaab al-Kaafi li man sa’ala ‘an al-Dawa’ al-Shaafi.

But if the one to whom it was done was forced, then he is not to be punished, because the Prophet (peace and blessings of Allaah be upon him) said: “Allaah has forgiven my ummah for mistakes and forgetfulness, and what they are forced to do.” Narrated by Ibn Maajah (2045); classed as saheeh by al-Albaani in Saheeh Ibn Maajah.

See also the answer to question no. 38622 for more information.

And Allaah knows best.

Ruling on referring to tribal customs for judgement

When a man commits zina with a woman, the tribe offers compensation to the girl’s family in the form of a payment, the amount of which is determined by tribal custom. It may be noted that the tribe helps the man to pay this money. What is the ruling on helping to pay this money if one belongs to the tribe of the one who did it? What is the ruling on taking this money if one belongs to the tribe of the girl? Please note that this town is ruled by a Christian and he does not rule it in accordance with that which Allaah has revealed (sharee’ah), hence the tribes resorted to tribal laws, which also involve ruling by something other than that which Allaah has revealed.

Praise be to Allaah.

Firstly:

With regard to this financial compensation, there may be two scenarios:

1 – When it is paid only where a woman is forced into zina (rape), where the rapist is made to pay the mahr to his victim, or to pay the mahr along with compensation for loss of virginity – if she was a virgin – according to those who say that this is required. The compensation for loss of virginity is the difference between the mahr of a virgin and the mahr of one who was previously married.

This money must be paid by the rapist, and the hadd punishment must be carried out on him, and it must be given to the victim if it is proven that she was forced into it.

If that is the case, then there is no problem with it, rather this is the ruling of sharee’ah even if it is in accordance with customs.

If we assume that they are unable to carry out the hadd punishment, but they can force the rapist to pay the mahr to his victim, then this is acceptable, because if it is not possible to do everything, we should do as much as we can do. Allaah says (interpretation of the meaning):

“So keep your duty to Allaah and fear Him as much as you can”

[al-Taghaabun 64:16]

With regard to obliging the tribe to pay the mahr or help in doing so, there is no basis for that. Rather it must be paid from the wealth of the rapist, as stated above. Helping him to pay it means letting the rapist off lightly and encouraging rape. We will discuss the difference between the mahr and the compensation (for loss of virginity) below.

2 – If that is the procedure that is followed in all cases of zina, with no distinction between cases where the woman is forced into it (rape) and cases where she did it willingly, and the tribe is obliged to help the zaani pay this compensation, and that is regarded as a general ruling that all the tribes refer to, this is like a system of prostitution. The Prophet (peace and blessings of Allaah be upon him) said:

“The price of a dog is evil, and the earnings of a prostitute are evil and the earnings of a cupper are evil.” Narrated by Muslim (1568).

And he said: “The price of a dog, the fee of a soothsayer and the earnings of a prostitute are not permissible.” Narrated by al-Nasaa’i (4293).

It is obvious that this tribal law, which is known as saloom, is the ruling of Jaahiliyyah which is it is not permissible to judge by or to refer to for judgement, or to help with, because Allaah says (interpretation of the meaning):

“And so judge (you O Muhammad) among them by what Allaah has revealed and follow not their vain desires, but beware of them lest they turn you (O Muhammad) far away from some of that which Allaah has sent down to you. And if they turn away, then know that Allaah’s Will is to punish them for some sins of theirs. And truly, most of men are Faasiqoon (rebellious and disobedient to Allaah).

50. Do they then seek the judgement of (the days of) Ignorance? And who is better in judgement than Allaah for a people who have firm Faith”

[al-Maa'idah 5:49, 50]

“And whosoever does not judge by what Allaah has revealed, such are the Kaafiroon (i.e. disbelievers — of a lesser degree as they do not act on Allaah’s Laws)”

[al-Maa’idah 5:44]

“Have you not seen those (hypocrites) who claim that they believe in that which has been sent down to you, and that which was sent down before you, and they wish to go for judgement (in their disputes) to the Taaghoot (false judges) while they have been ordered to reject them. But Shaytaan (Satan) wishes to lead them far astray”

[al-Nisa’ 4:60]

“But no, by your Lord, they can have no Faith, until they make you (O Muhammad) judge in all disputes between them, and find in themselves no resistance against your decisions, and accept (them) with full submission”
[al-Nisa’ 4:65]

And there are other verses which indicate that it is obligatory to refer for judgement to the laws of Allaah and to reject the rulings of Jaahiliyyah that go against them. Allaah has decreed and prescribed that the zaani should be flogged if he is a virgin and stoned if he is a non-virgin, and this applies to both men and women. Every ruling that goes against this is a ruling of jaahiliyyah, which must be rejected and we must strive to abolish it.

The scholars stated that referring to Bedouin laws and tribal customs that go against sharee’ah is kufr.

Shaykh Muhammad ibn Ibraaheem (may Allaah have mercy on him) said: The sixth (type of major kufr with regard to referring to laws for judgement) is the law by which many of the heads of Bedouin clans and tribes rule, based on the sayings of their forefathers and their customs which they call their saloom, which they inherited from them and they judge by it and refer to it for judgement in the event of disputes, based on the rulings of Jaahiliyyah or turning away from the rulings of Allaah and His Messenger. There is no power and no strength except with Allaah. End quote from the essay, Tahkeem al-Qawaaneen.

Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him) said in an essay entitled “The ruling on referring for judgement to tribal customs and traditions”:

From ‘Abd al-‘Azeez ibn Baaz to whoever among the Muslims reads it: may Allaah help me and them to find out the truth and follow it.

Peace be upon you and the mercy of Allaah and His blessings…

The reason for this is to answer some questions that have been asked by one of our sincere brothers in the Kingdom. He says that in his tribe, and in some other tribes, there are bad tribal customs for which Allaah has not sent down any authority, such as not referring for judgement to the Book of Allaah and the Sunnah of His Prophet (peace and blessings of Allaah be upon him), and turning instead to tribal customs and ignorant traditions.

One of these is the concealment of testimony and not bearing witness out of tribal loyalty, or bearing false witness out of tribal loyalty also. And there are other reasons that may lead some people to go against sharee’ah.

Because of our duty to be sincere towards Allaah and His slaves, I say – and Allaah is the source of strength:

The Muslims are obliged to refer for judgement to the Book of Allaah and the Sunnah of His Prophet (peace and blessings of Allaah be upon him) in all things, and not to man-made laws or tribal customs. Allaah says (interpretation of the meaning):

[al-Nisa’ 4:60]

“Do they then seek the judgement of (the days of) Ignorance? And who is better in judgement than Allaah for a people who have firm Faith”

[al-Maa'idah 5:50]

No Muslim should give precedence to the rule of anyone other than Allaah over the rule of Allaah and His Messenger, no matter who he is. Just as worship is for Allaah alone, so too is the judgement or decision, as He says (Interpretation of the meaning):

“The decision [hukm] is only for Allaah,”

[al-An’aam 6:57]

Referring for judgement to anything other than the Book of Allaah or the Sunnah of His Messenger (peace and blessings of Allaah be upon him) is one of the greatest of evils and the most abhorrent of bad deeds, but as to whether the one who does that is a kaafir, that is subject to further discussion. Allaah says (interpretation of the meaning):

So there is no faith for the one who does not refer for judgement to Allaah and His Messenger (peace and blessings of Allaah be upon him) with regard to the fundamentals of religion and its minor issues and with regard to disputes concerning rights and duties. Whoever refers for judgement to anything other than Allaah and His Messenger has referred for judgement to the Taghoot (false judges).

Based on this, the tribal Shaykhs must not judge among the people according to tribal customs that have no basis in Islam and for which Allaah has not sent down any authority. Rather they must refer any disputes among their tribes to the sharee’ah courts. There is no reason why they should reconcile between disputants in ways that do not go against sharee’ah, so long as they consent to that and there is no compulsion, because the Prophet (peace and blessings of Allaah be upon him) said: “Reconciliation between Muslims is permissible, except a reconciliation that forbids something that is permitted or permits something that is forbidden.” And all the tribes should not agree to anything but the rule of Allaah and His Messenger … End quote from Majmoo’ Fataawa wa Maqaalaat al-Shaykh IbnBaaz (5/142).

The Standing Committee for Issuing Fatwas was asked: What is the ruling if two men argue and refer for judgement to customary laws, and each of them chooses someone they think is of good character, and they agree to whoever among the tribal Shaykhs they choose to judge between them, and they sit before him and each of them states his case against the other. If it is a simple case, he rules usually rules that the one who is in the wrong should slaughter an animal and invite his opponent to the feast; and if it is a serious case he gives a judgement of al-janbiyyah, which in the past meant that they would strike him on the head with a sharp instrument until his blood flowed. But nowadays they pay the janbiyyah in money and they call this reconciliation. This is something that is widespread among the tribes and they call it a madhhab, and if you do not approve of what they do, they call you qaati’ al-madhhab (one who has forsaken the madhhab). What is the ruling on this?

Answer: The Muslims must refer for judgement to Islamic sharee’ah, not to tribal laws. What you have mentioned is not a reconciliation in the true sense, rather it is referring for judgement to customary principles. Hence they call it a madhhab, and they say of the one who does not agree with the ruling that he has forsaken the madhhab. Their calling it a reconciliation does not alter the fact that it is referring for judgement to Taghoot (false judges). The ruling that they stipulate, of slaughtering an animal or striking the head with a sharp instrument until the blood flows is not a shar’i ruling.

Based on this, the tribal Shaykhs should not judge between people in this manner, and the Muslims should not refer to them for judgement, until they (the Shaykhs) turn away from that to Islamic laws. Today – praise be to Allaah – the authorities have appointed judges who judge between the people and resolve their disputes in accordance with the Book of Allaah and the Sunnah of His Messenger (peace and blessings of Allaah be upon him) and who solve their problems in ways that do not go against the laws of Allaah, may He be exalted. So there is no excuse for anyone to refer for judgement to false judges, after the appointment of scholars of Islam to whom they may refer for judgment and who judge in accordance with the law of Allaah.

And Allaah is the Source of strength. May Allaah send blessings and peace upon our Prophet Muhammad and his family and companions.

The Standing Committee for Academic Research and Issuing Fatwas.

‘Abd-Allaah ibn Qa’ood, ‘Abd-Allaah ibn Ghadyaan, ‘Abd al-Razzaaq ‘Afeefi and ‘Abd al-‘Azeez ibn Baaz. End quote.

As that is the case, it is not permissible for you to take part in his judgement or to pay the money or take it. Rather you must disavow yourself of that, and you must advise these people and explain to them the seriousness of what they are doing by passing judgements that are not in accordance with sharee’ah. They have no excuse for that, even if their governor is a Christian who does not apply the rulings of Allaah. They have to advise one another and strive to apply the rulings of sharee’ah as much as they can; whatever they are unable to apply, it is not permissible for them to invent rulings for it, no matter what interests they think may be served by that, otherwise they will be sinners who are introducing jaahili ways into Islam.

Secondly:

The majority of Maaliki, Shaafa’i and Hanbali fuqaha’ are of the view that if a woman is forced into zina (raped), then the rapist must pay a mahr equal to that of her peers.

If she was a virgin, is she entitled to compensation for loss of virginity along with the mahr?

Some of the fuqaha’ are of that view, and it was narrated from Ahmad (may Allaah have mercy on him), but the well known view of the Hanbalis is that compensation for loss of virginity is not required, and the one who is forced into zina can only take a mahr equal to that of her peers. The Maalikis also pointed out that this mahr is not to be paid collectively by the male relatives of the rapist, because zina is a deliberate action, it is not something that can happen by mistake.

The Hanafis differed from that and did not impose a mahr for a woman who is forced into zina, whether she was a virgin or not.

This was also narrated from Ahmad (may Allaah have mercy on him), and was the view favoured by Shaykh al-Islam Ibn Taymiyah, who said concerning the mahr: it is khabeeth (evil).

Thirdly:

If he forced her to commit zina and he destroyed the barrier between the urethra and vagina, then he must pay the mahr and also compensation, but there was a difference of opinion as to the amount. The Hanafis and Hanbalis say that it is one-third of the diyah, and the Shaafa’is say that it is the full diyah. The Hanafis agree with them if he destroys the barrier between the urethra and vagina and she can no longer control her urine.

See al-Mabsoot (9/53), al-Muntaqa by al-Baaji (7/77), al-Taaj wa’l-Ikleel (8/342), Mughni al-Muhtaaj (4/75), al-Mughni (7/209, 8/373), al-Insaaf (8/306-308), al-Mawsoo’ah al-Fiqhiyyah (5/297, 21/95).

Conclusion: The mahr which is paid to the woman who is forced into zina (raped), and the mahr and compensation for loss of virginity which is paid to a virgin who is forced into zina, must be paid from the wealth of the zaani and not by his male relatives, and it must go to the woman who was forced into zina, not to her relatives. As for the woman who willingly commits zina, she is not entitled to anything.

All of this comes after zina has been proven and the hadd punishment has been carried out. This makes clear the difference between what is narrated in sharee’ah and the ruling of tribal customs.

And Allaah knows best.

Attribution of an illegitimate child and rulings that result from that

Thirty-two years ago an illegitimate child was born to a foreign kitaabi woman (i.e. Jewish or Christian woman). He is a young man of very good character and with a good heart. When he reached the age of 25, he started to look for his parents. He found his mother, and he found me, the father, a week ago. It has been proven by DNA testing that I am the father. I got married 31 years ago to a Muslim woman, and I have a daughter and two sons from her, and I have 4 grandchildren. Praise be to Allaah Who guided me, I came back to fear of Allaah and I am religiously-committed: I pray and give zakaah, and I did Hajj and ‘Umrah 3 years ago, my wife and I. I ask Allaah to guide me always and help me to repent.
I hope that you can advise me: is he a mahram for my wife and daughter? Is he a brother to my children? Should I regard him as one of the family? I hope that you can explain everything that has to do with the matter.

Praise be to Allaah.

Firstly:

We ask Allaah to pardon us and you, and to help us to repent properly and turn to Him, and to bless us with good and righteous offspring by His grace and bounty.

Remember that repentance and guidance are the best things that a person may be blessed with in this world; they are the greatest blessings that Allaah can bestow upon us. So we must be grateful to Allaah for them, and strive to renew them. The Prophet (peace and blessings of Allaah be upon him) used to pray to Allaah for forgiveness and repent to him one hundred times every day, as was narrated by Muslim (2702).

Secondly:

With regard to the attribution of illegitimate children, the fuqaha’ have discussed this issue in detail and they said that one of two scenarios must apply to the woman with whom zina is committed:

1 – Either she is married, in which case any child who is born to her is to be attributed to the husband and not to anyone else, even if she is certain that he is the child of the one with whom she committed zina, unless the husband disowns the child by means of li’aan, in which case the child is not attributed to the husband, rather he is to be attributed to his mother and not to the zaani (adulterer).

2 – Or she is not married. If an unmarried woman has a child, the scholars differed as to whether the child should be attributed to his father, the zaani, or to his mother. There are two opinions, which have been discussed and the evidence for them quoted, in the answer to question no. 33591. See also the answers to questions no. 117, 2103 and 3625. There it says that the correct view is that this attribution is not valid, so it is not permissible to attribute the illegitimate child to the zaani, rather he should be attributed to his mother, even if there is certainty that this child was fathered by this zaani.

It says in Fataawa al-Lajnah al-Daa’imah (20/387):

The correct scholarly view is that the child is not to be attributed to the man who had intercourse with the woman, unless intercourse took place within the framework of a valid or invalid marriage or something that may be taken as a marriage contract or concubinage or something that may be taken as concubinage. In such cases, the child may be attributed to the man who had intercourse with the woman, and they may inherit from one another. But if it was a case of zina then the child cannot be attributed to the zaani. Based on that, he cannot inherit from him. End quote.

It also says in Fataawa al-Lajnah al-Daa’imah (22/34):

With regard to the illegitimate child, he is to be attributed to his mother, and he comes under the same rulings as any other Muslim if his mother is a Muslim. He is not to be blamed or put to shame for his mother’s crime or the crime of the one who committed zina with her, because Allaah says (interpretation of the meaning):

“And no bearer of burdens shall bear another’s burden”

[Faatir 35:18]

End quote.

Thirdly:

It is well known that attribution of lineage affects many rulings such as rulings on breastfeeding, custody, guardianship, maintenance, inheritance, qasaas, the hadd punishment for stealing, slander, testimony etc. Because the more correct view is that the illegitimate child cannot be attributed to the zaani, none of the rulings mentioned above can be proven to apply to the father of the illegitimate child, rather many of them apply to the mother.

But the illegitimate father (the zaani) is still affected by the rulings forbidding marriage. According to the majority of scholars, the rulings forbidding marriage still apply between the illegitimate child and his father and his father’s relatives.

Ibn Qudaamah (may Allaah have mercy on him) said:

It is haraam for a man to marry his illegitimate daughter, or his illegitimate sister, or his (illegitimate) son’s daughter, or his daughter’s daughter, or his brother’s daughter, or his sister who is illegitimate. This is the view of most of the fuqaha’. End quote.

Al-Mughni (7/485).

Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) was asked about an illegitimate daughter –can she marry her father?

He replied:

Praise be to Allaah. The view of the majority of scholars is that it is not permissible to marry her. This is definitely the correct view. End quote.

Majmoo’ al-Fataawa (32/134).

It says in al-Mawsoo’ah al-Fiqhiyyah (36/210):

It is haraam for a man to marry his illegitimate daughter, because of the clear meaning of the verse (interpretation of the meaning):

“Forbidden to you (for marriage) are: your mothers, your daughters…”

[al-Nisa’ 4:23]

because she is his daughter in a real sense and in linguistic terms and she was created from his water (i.e. sperm), so the illegitimate son is forbidden (in marriage) to his mother.

This is the view of the Hanafis and of the Maalikis and Hanbalis. End quote.

Fourthly:

Based on the above, it is not permissible for this illegitimate son of yours to marry your daughters, so they are his like sisters. The same applies to your wife.

But that does not mean that he is a mahram for them in the sense that they may be alone with him and take off their hijab in his presence. Prohibition of marriage does not always mean that one is a mahram in the sense that it is permissible to be alone with the person etc. This is an additional ruling which applies only to the shar’i mahrams, so attention must be paid to that.

Ibn Qudaamah (may Allaah have mercy on him) said:

Zina means that a person is forbidden in marriage, but it does not make the person a mahram or make it permissible to look (at a member of the opposite sex). End quote.

Al-Mughni (7/482).

This does not mean that you should not treat this young man kindly and strive to bring him to Islam and make him a member of the family, but he should not be attributed to his illegitimate father, and the issue of the daughters of the family observing hijab in front of him should not be taken lightly. We ask Allaah to bless you and guide you.

And Allaah knows best.

Incest is a worse and more serious sin

What is the hadd punishment for incest? Can there be any repentance from that?.

Praise be to Allaah.

Firstly:

Zina with a mahram relative is a graven sin that zina with a non-mahram, because it is severing the ties of kinship, and an act of aggression against those with whom we are enjoined to uphold ties of kinship. Hence some of the scholars are of the view that the one who commits zina with a mahram should be executed in all cases, whether he was married or unmarried. This was narrated from Ahmad (may Allaah have mercy on him). The majority are of the view that he should be subjected to the hadd punishment; so if he was married he should be stoned and if he was not married he should be given one hundred lashes, even though his sin is greater.

It says in Mataalib Ooli al-Nuha (6/18): The one who commits zina with his sister is like one who commits zina with anyone else (with regard to hadd punishment), because of the general meaning of the reports. It was narrated from him (i.e., Imam Ahmad) that the one who commits zina with a mahram should be killed whatever the case, whether he was married or not. It was said to him: What about the woman? He said: It applies to both of them. But out view is what was stated above, i.e., that zina with a mahram is like zina with anyone else. End quote.

Ibn al-Qayyim (may Allaah have mercy on him) said concerning intercourse with one’s mother, daughter or sister: There is a totally natural repulsion towards that, and the hadd punishment for that is one of the most severe of punishments according to one of the two opinions, which is execution in all cases, whether he was married or not. This is one of the two views narrated from Imam Ahmad, and it is also the view of Ishaaq ibn Raahawayh and a number of the scholars of hadeeth. Abu Dawood narrated that al-Bara’ ibn ‘Aazib said: I met my paternal uncle and he was carrying the banner. I said to him: Where are you going? He said: The Messenger of Allaah (peace and blessings of Allaah be upon him) has sent me to a man who married his father’s wife after he died, to strike his neck and confiscate his wealth. [Classed as saheeh by al-Albaani in Irwa’ al-Ghaleel (2351).]

In Sunan Abi Dawood and Sunan Ibn Majaah it is narrated that Ibn ‘Abbaas said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Whoever has intercourse with a mahram relative, kill him.” [Classed as da’eef by al-Albaani in Da’eef al-Jaami’ (5524).]

The Muslims are unanimously agreed that the one who commits zina with a mahram deserves the hadd punishment; they only differed with regard to the nature of hadd punishment: should it be execution in all cases, or is it the hadd punishment of the (ordinary) zaani? There are two points of view. Al-Shaafa’i, Maalik and Ahmad, according to one of the reports from him, were of the view that he should be subjected to the hadd punishment for zina. Ahmad, Ishaaq and a number of the scholars of hadeeth were of the view that his punishment is execution whatever the case. End quote from al-Jawaab al-Kaafi, p. 270.

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) favoured the view that the one who commits zina with a mahram should be executed in all cases. He said: The apparent meaning of the author’s words is that there is no difference between zina with a mahram relative and zina with anyone else, but zina with a mahram is punishable by execution in all cases, because of a saheeh hadeeth that speaks of that. This view was favoured by Ibn al-Qayyim in al-Jawaab al-Kaafi , where he said that the one who commits zina with a mahram should be executed whatever the case.

For example, if a man committed zina – Allaah forbid – with his sister or his paternal aunt or his maternal aunt or his wife’s mother or the daughter of a wife with whom he had consummated the marriage and so on, then he is to be executed whatever the case, because this intimacy is not permissible to him under any circumstances whatsoever, because the woman is one of his mahrams, and because this is a grave immoral action. There is also a hadeeth which was narrated from the Messenger (peace and blessings of Allaah be upon him) about executing the one who has intercourse with one of his mahrams. This was narrated from Ahmad, and it is the correct view, that the one who commits zina with one of his mahrams should be executed even if he was not married. End quote from al-Sharh al-Mumti’ (6/132).

It says in al-Mawsoo’ah al-Fiqhiyyah (24/20): The sin of zina varies in severity. Zina with a mahram or married woman is worse than zina with a stranger (non-mahram) or unmarried woman, because it is a transgression against the sacred rights of the husband and corrupting his lineage, and it may involve attributing offspring to him who are not his, and other kinds of damage. So it is a worse sin than zina with a woman who does not have a husband or who is a stranger (non-mahram). If her husband is a neighbour then it also involves bad treatment of neighbours, and mistreating neighbours is one of the worst kinds of mistreatment and one of the worst sins that may doom a person to Hell. If the neighbour was a brother or one of his relatives, it also involves severing ties of kinship, so the sin is compounded. It was proven that the Prophet (peace and blessings of Allaah be upon him) said: “He will not enter Paradise from whose harm his neighbour is not safe.” There is no harm greater than zina with one’s neighbour’s wife. If the neighbour is absent doing something in obedience to Allaah, such as worship, seeking knowledge or jihad, then the sin is compounded. The one who commits zina with the wife of one who is fighting for the sake of Allaah will be made to stand before him on the Day of Resurrection, and he will take as much of his good deeds as he wants. The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “The sanctity of the wives of the mujaahideen for those who stay behind is like the sanctity of their own mothers. There is no man among those who stay behind who looks after the family of one of the mujaahideen and then betrays him with regard to them, but he will be made to stand on the Day of Resurrection, and he (the mujaahid) will take as much of his good deeds as he wishes, so what do you think?” Narrated by Muslim (1897). i.e., do you think he will leave him any of his hasanaat (good deeds)? It has already been ruled that he has the right to take whatever he wants at the time when all people will be desperate for even a single hasanah. If it so happens that the woman was also his relative, the sin of severing ties of kinship will be added to that. If it so happens that the zaani was also married, then the sin is even greater. If he was an old man, the sin and punishment will be greater. If that also occurred during a sacred month or in a sacred place, or at a time that is held in high regard by Allaah, such as the time of prayer or times when du’aa’s are answered, the sin is further compounded. End quote.

Secondly:

The one who has done any such thing should hasten to repent to Allaah, may He be exalted. Repentance may be valid for any sin, no matter how great. Allaah says (interpretation of the meaning):

“Know they not that Allaah accepts repentance from His slaves and takes the Sadaqaat (alms, charity), and that Allaah Alone is the One Who forgives and accepts repentance, Most Merciful?”

[al-Tawbah 9:104]

“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

71. And whosoever repents and does righteous good deeds; then verily, he repents towards Allaah with true repentance”

[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]

These verses indicate that the one who repents must do a lot of good deeds and follow the path of guidance, and keep away from the causes of temptation.

And Allaah knows best.

It is not permissible to marry a zaani or zaaniyah unless they have repented

Is it permissible to marry a woman who used to commit zina?.

Praise be to Allaah.

It is not permissible to marry a zaaniyah or zaani unless they have repented. If the man or woman has not repented then the marriage is not valid.

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]

There is a report concerning the reason for the revelation of this verse which makes the ruling clearer. Abu Dawood (2051) narrated from ‘Amr ibn Shu’ayb, from his father, from his grandfather, that Marthad ibn Abi Marthad al-Ghanawi used to smuggle prisoners from Makkah. There was in Makkah a prostitute called ‘Anaaq and she had been his friend. He said: I came to the Prophet (peace and blessings of Allaah be upon him) and said: O Messenger of Allaah, should I marry ‘Anaaq? He remained silent and did not answer me. Then the words “and the adulteress –fornicatress, none marries her except an adulterer — fornicater or a Mushrik” were revealed. He called me and recited them to me, and said: Do not marry her. Classed as saheeh by al-Albaani in Saheeh Abi Dawood.

In ‘Awn al-Ma’bood it says:

This indicates that it is not permissible for a man to marry a woman who has openly committed zina. This is indicated by the verse quoted in the hadeeth, because at the end of it, it says: “Such a thing is forbidden to the believers”. This clearly shows that it is haraam. End quote.

Al-Sa’di (may Allaah have mercy on him) said in his commentary on the verse quoted above:

This shows that zina is abhorrent and that it tarnishes the honour of the one who does it in a way that other sins do not. We are told that no woman marries a zaani except a zaaniyah who is like him or a mushrikah who associates others with Allaah and does not believe in the resurrection or reward and punishment, and does not obey the commands of Allaah. The same applies to the zaaniyah: no one marries her but a zaani or a mushrik. “Such a thing is forbidden to the believers” means: it is forbidden for them to marry zaanis or zaaniyahs.

What the verse means is that the one who marries a person, man or woman, who has committed zina and has not repented from that must be either a person who is not adhering to the rulings of Allaah and His Messenger, so he cannot be anything but a mushrik, or he is adhering to the laws of Allaah and His Messenger but he goes ahead with this marriage even though he knows about this zina, in which case the marriage is zina and immorality. If he were truly a believer in Allaah, he would not do that.

This clearly indicates that it is haraam to marry a zaaniyah until she repents, or to marry a zaani until he repents, because the partnership between a man and his wife or a woman and her husband is the closest of partnerships. Allaah says (interpretation of the meaning): “Assemble those who did wrong, together with their companions” [al-Saaffaat 37:22]. Therefore Allaah has forbidden that because of the great evil that it involves. It also implies a lack of protective jealousy and implies that children may attributed to the husband who are not his, the zaani will not be keeping her chaste because he is distracted by someone else. Any one of these would be sufficient for it to be haraam. End quote.

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said something similar, and said that the meaning of the verse is that the one who believes that it is haraam to marry a zaaniyah but still marries her has entered into a haraam marriage contract which he believes is haraam. A haraam contract is like one that does not exist, so it is not permissible for him to be intimate with the woman; in that case the man will be a zaani.

But if he denies that it is haraam to marry a zaaniyah and says that it is permissible, then in this case the man is a mushrik, because he has declared permissible something that Allaah has forbidden and has made himself a lawmaker along with Allaah. This is what we say to a man who gives his daughter in marriage to a zaani.

Fataawa al-Mar’ah al-Muslimah, compiled by Ashraf ‘Abd al-Maqsood (2/698).

This (i.e. that it is haraam to marry a zaaniyah) was stated in fatwas issued by Shaykh Muhammad ibn Ibraaheem (may Allaah have mercy on him) and by the scholars of the Standing Committee for Issuing Fatwas, headed by Shaykh Ibn Baaz (may Allaah have mercy on him).

See: Fataawa Muhammad ibn Ibraaheem (10/135) and Fataawa al-Lajnah al-Daa’imah (18/383).

Shaykh al-Islam Ibn Taymiyah said:

Because of the punishment that Allaah has decreed for those who commit zina, He made it haraam for the believers to marry them, as a rebuke to them and because of the sins and bad deeds that they have. … So (Allaah) tells us that no one does that but a zaani or a mushrik.

As for the mushrik, he has no faith that will deter him from committing immoral actions or keeping company with those who do them.

As for the zaani, his immoral nature prompts him to do that even if he is not a mushrik.

Allaah has enjoined us to shun evil and its people so long as they are doing that, and this applies to the zaani.

Allaah has stipulated that men should be chaste and not immoral, as He says (interpretation of the meaning): “All others are lawful, provided you seek (them in marriage) with Mahr (bridal-money given by the husband to his wife at the time of marriage) from your property, desiring chastity, not committing illegal sexual intercourse” [al-Nisa’ 4:24]. This is something that should not be ignored because the Qur’aan has stated it clearly.

As for the prohibition on marrying a zaaniyah, the fuqaha’, such as the companions of Ahmad and others, have discussed it and there are reports concerning it from the salaf. Although the fuqaha’ differed concerning it, those who said it is permissible do not have any reliable evidence. End quote.

Majmoo’ al-Fataawa (15/316)

He also said (32/110):

Marriage to a zaaniyah is haraam unless she repents, whether it was he or someone else who committed zina with her. This is undoubtedly the correct view, and it is the view of a number of the earlier and later generations, including Ahmad ibn Hanbal and others.

This is what is indicated by the Qur’aan and Sunnah. The most well-known text concerning that is the verse in Soorat al-Noor where Allaah says (interpretation of the meaning):

[al-Noor 24:3]

In the Sunnah, there is the hadeeth of Abu Marthad al-Ghanawi and ‘Anaaq. End quote.

The one who is faced with this problem and who did a marriage contract before repenting has to repent to Allaah and regret what he did, and resolve not to commit this sin again, then he should do the marriage contract again.

And Allaah knows best.

He wants to marry a girl with whom he had a relationship

I hope you can help me as I am in a deep trouble. I knew some girl who works far from where her family lives. For two years we had a loving relationship, we were meeting and committing Zina (adultery), we agreed to marry because I can not forget her, and she can not forget me either. Since she knew me she became religious and changed a lot. Allah knows how much I love her. Do you advise me to marry her? I am suffering.

Praise be to Allaah.

Firstly:

Before answering your question, we must remind you that it is obligatory to repent and regret what you have done with this woman, because you have fallen into several major sins, the most serious of which is zina (fornication) which is clearly forbidden in the Qur'aan and Sunnah, and the scholars are unanimously agreed that it is haraam, and wise people are unanimously agreed that it is abhorrent and evil.

Allaah says (interpretation of the meaning):

“And come not near to unlawful sex. Verily, it is a Faahishah (i.e. anything that transgresses its limits: a great sin), and an evil way that leads one to hell unless Allaah forgives him)”

[al-Isra’ 17:32]

And the Prophet (peace and blessings of Allaah be upon him) said: “No adulterer is a believer at the time when he is committing adultery.” Narrated by al-Bukhaari (2475) and Muslim (57).

There is a severe punishment for zina in al-Barzakh, before the punishment in the Hereafter. In the famous hadeeth of Samurah ibn Jundub (may Allaah be pleased with him) about the dream, it says:

“… then we [i.e., the Prophet (peace and blessings of Allaah be upon him) and Jibreel and Mikaa’eel] proceeded and came to something like a tannoor (a kind of oven), in which there were clamouring voices.” He [the Prophet (peace and blessings of Allaah be upon him)] said: “We looked into it and there we saw naked men and women. Flames were coming to them from the bottom of it, and when the flames reached them, they made uproar. I said to them [i.e., the two angels who were accompanying him], ‘Who are these?’ … They said, ‘We will tell you. As for the naked men and women in the structure that resembled a tannoor oven, they are the adulterers and adulteresses.’”

Narrated by al-Bukhaari (6640).

Allaah has ordained the hadd punishment for zina. He says concerning the hadd punishment for an unmarried person (interpretation of the meaning):

[al-Noor 24:2]

As for the person who has previously been married, the hadd punishment is execution, In the hadeeth narrated by Imam Muslim in his Saheeh (3199) it is narrated that the Prophet (peace and blessings of Allaah be upon him) said: “For a previously-married person with a previously-married person, [the punishment is] one hundred lashes and stoning.”

What we have said to you applies to the woman too, and she should realize that her sin is even worse, but because, as you say, she has become righteous, we hope that her repentance is sincere and that Allaah will forgive her by His grace and kindness.

Secondly:

You should note that if you have not both repented from the sin of zina, then it is not permissible for you to marry her, because Allaah has forbidden the zaani and zaaniyah to marry unless they both repent. Allaah says (interpretation of the meaning):

[al-Noor 24:3]

Shaykh ‘Abd al-Rahmaan al-Sa’di (may Allaah have mercy on him) said:

This clearly points to the abhorrent nature of zina, and that is tarnishes the honour of the one who does it in a way that other sins do not. Allaah tells us that no woman would marry a zaani but a woman who is also a zaaniyah, who is like him, or a mushrik woman who associates others with Allaah and does not believe in the Resurrection or in reward and punishment (in the Hereafter), and who does not adhere to the commands of Allaah. And similarly, no one would marry a zaaniyah except a zaani or a mushrik. “Such a thing is forbidden to the believers” means, it is haraam for them to marry zaanis or zaaniyahs.

What the verse means is that if a person wants to marry the man or woman who commits zina and has not repented from that, despite the fact that Allaah has prohibited that, then he is either not adhering to the ruling of Allaah and His Messenger, in which case he cannot be anything but a mushrik, or he is adhering to the ruling of Allaah and His Messenger but he agrees to this marriage despite knowing that this person has committed zina, in which case this marriage is also zina, and he is an immoral zaani. If he truly believed in Allaah, he would not do that. This clearly indicates that it is haraam to marry a zaaniyah unless she repents, or to marry a zaani unless he repents, because marriage is the strongest type of companionship, and Allaah says (interpretation of the meaning): “Assemble those who did wrong, together with their companions” [al-Saaffaat 37:22]. Allaah has forbidden that because of what it involves of great evil, and lack of protective jealousy, and attribution of children who are not his to the husband, and the zaani failing to keep her chaste because he is distracted elsewhere, any one of which is sufficient reason for the prohibition. End quote.

Tafseer al-Sa’di (p. 561).

The scholars of the Standing Committee were asked:

A man committed zina with a virgin and wants to marry her. Is it permissible for him to do that?

They replied:

If the matter is as described, each of them must repent to Allaah and give up this sin, and regret what has happened of immoral actions, and resolve not to do it again, and do a lot of good deeds, in the hope that Allaah will accept their repentance and turn their bad deeds into good. 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

71. And whosoever repents and does righteous good deeds; then verily, he repents towards Allaah with true repentance”

[al-Furqaan 25:68-70]

If he wants to marry her, then he must wait for one menstrual cycle to establish whether her womb is empty before doing the marriage contract with her. If it turns out that she is pregnant, then it is not permissible for him to do the marriage contract with her until after she gives birth, in accordance with the hadeeth in which the Prophet (peace and blessings of Allaah be upon him) forbade a man to water the crop of another with his own water. End quote.

Fataawa Islamiyyah (3/247).

So repent to Allaah and set your affairs straight, and do a lot of good deeds, and after that it will be permissible for you to get married. We ask Allaah to accept your repentance and to forgive you, by His grace and mercy.