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Tuesday, October 11, 2011

She wants to marry a man whom she loves but he previously committed zina with her mother


I have a friend who wants to marry a man whom she loves dearly, but the problem is that this man once committed zina with her mother who was married and had three children at that time. It was a mistake committed in a moment of heedlessness. My question is: what should she do? Is it permissible for them to marry?.

Praise be to Allaah.

The fuqaha’ differed concerning one who commits zina with a
woman: is it permissible for him to marry her daughter or not? There are
two views: 

The Hanafis and Hanbalis are of the view that it is not
permissible for him; they regarded haraam intercourse as being like halaal
intercourse with regard to who becomes a mahram as the result of a

The Maalikis and Shaafa‘is are of the view that he may marry

Ibn Qudaamah (may Allah have mercy on him) said: Haraam
intercourse creates the same mahram relationships as halaal intercourse or
intercourse as the result of a dubious marriage - meaning that those who
become mahrams as a result are confirmed in all three cases. So if a man
commits zina with a woman, she becomes haraam to his father and son, and her
mother and daughter become haraam to him. Something similar to that was
narrated from ‘Imraan ibn Husayn, and this was also the view of al-Hasan,
‘Ata’, Tawoos, Mujaahid, al-Sha‘bi, al-Nakha‘i, al-Thawri, Ishaaq and ashaab

Ibn ‘Abbaas narrated that haraam intercourse does not make
anyone a mahram. This was also the view of Sa‘eed ibn al-Musayyab, Yahya ibn
Ya‘mir, ‘Urwah, al-Zuhri, Maalik, al-Shaafa‘i, Abu Thawr and Ibn al-Mundhir.
End quote from al-Mughni, 7/90. 

The more correct view is that of the Maalikis and Shaafa‘is,
that it does not make anyone a mahram. See also the answer to question
number 78597. 

But our advice is that this marriage should not go ahead for
two reasons: 


So as to be on the safe side and avoid an area of scholarly
dispute, because she is haraam to him according to many scholars, especially
the Hanafi madhhab that is prevalent in your country. 


If he marries her, that will lead to him being close to her
mother and being in touch with her, and there is the fear that this would
remind him of that haraam action or tempt him to do it again, or it may be a
cause of the woman (the mother) being tempted. We ask Allah to keep us all
safe and sound. 

If your friend is in a relationship with this man, this
indicates that he is corrupt and deviant, as he did not have any religious
commitment that could have deterred him from committing zina with a woman
who had three children and forming a relationship with her daughter. Such a
man cannot be trusted at all. Your friend has to end her relationship with
him. Perhaps Allah will send her a chaste husband who is not contaminated
with this evil and sin. 

And Allah knows best.


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