Egyptian cleric says men can marry their illegitimate daughters

Discussion in 'Other Mad'habs' started by abu Hasan, Nov 5, 2017.

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  1. abu Hasan

    abu Hasan Administrator

    bahar e shariat, dawateislami ed. vol.2 /p22 (part 7-kitab al-nikah):

    baharshariat v2p22.png
     
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  2. A_Wayfarer

    A_Wayfarer New Member

    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
     
  3. abu Hasan

    abu Hasan Administrator

    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:

    durrmukhtar, p179.png


    durr al-mukhtar, p180:

    durrmukhtar, p180.png


    =====
    radd al-muhtar, v4/p012:

    raddmuhtar, v4p102.png
     
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  4. abu Hasan

    abu Hasan Administrator

    in rawdah of imam nawawi:

    v9/p16:

    rawdahnawawi v9p16.png


    also in the same rawdah v7/p109:

    rawdahnawawi, v7p109.png
     
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  5. abu Hasan

    abu Hasan Administrator

    in minhaj of imam nawawi:


    minhaj nawawi, p383.png

    in his commentary on minhaj, mughni al-muHtaj, khatib sharbini v3/p233

    mughnisharbini v3p233.png

    --
    tuhfatu'l muHtaj of ibn Hajar al-haytami, v7, p299

    tuhfa-haytami v7,p299.png
     
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  6. abu Hasan

    abu Hasan Administrator

    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

    kitab al-umm p892.png


    and its explanation by mawardi in his al-Hawi al-kabir, v11, p392-3:

    hawi-mawardi, v11p392.png hawi-mawardi, v11p393.png
     
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  7. A_Wayfarer

    A_Wayfarer New Member

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