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Discussion in 'Other Mad'habs' started by abu Hasan, Nov 5, 2017.
bahar e shariat, dawateislami ed. vol.2 /p22 (part 7-kitab al-nikah):
JazaakAllah Khair. Surely, with the advent of DNA paternity testing, it can be ascertained as to who the father is to a almost certain degree. So, the fatwā might be different today
but in our madh'hab - i.e. of imam abu hanifah and others (incl. imam malik and imam ahmad) it is Haram.
in fact, the mother and the daughters of the woman with whom a person committed adultery, or even touched her lustfully or kissed her - they all become unlawful for the man.
durr al-mukhtar p179:
durr al-mukhtar, p180:
radd al-muhtar, v4/p012:
in rawdah of imam nawawi:
also in the same rawdah v7/p109:
in minhaj of imam nawawi:
in his commentary on minhaj, mughni al-muHtaj, khatib sharbini v3/p233
tuhfatu'l muHtaj of ibn Hajar al-haytami, v7, p299
yes, imam shafiyi deemed that due to committing the Haram, the nasab is not established.
imam mawardi in his hawi, explaining shafiyi's position said, which can be summarised as: 'the reason of taHrim could be due to the fact that when a man fornicated with a woman, it is not necessary that her daughter is from his sperm. and if it is established that the daughter is indeed the man's daughter, then it would be haram to marry her.' though it is not known whether later shafiyi ulama consider mawardi's explanation as the preferred position.
here are a few quotes. starting from imam shafiyi in his kitab al-umm: p892
and its explanation by mawardi in his al-Hawi al-kabir, v11, p392-3:
Is there any truth to this, apparently, he cites Imām al-Shāfi'ī to support his claim?