Friday, 1 June 2012

Putting The Relation Into Relationship

حُرِّمَتْ عَلَيْكُمْ أُمَّهَاتُكُمْ وَبَنَاتُكُمْ وَأَخَوَاتُكُمْ وَعَمَّاتُكُمْ وَخَالاَتُكُمْ وَبَنَاتُ الأَخِ وَبَنَاتُ الأُخْتِ وَأُمَّهَاتُكُمُ اللاَّتِي أَرْضَعْنَكُمْ وَأَخَوَاتُكُم مِّنَ الرَّضَاعَةِ وَأُمَّهَاتُ نِسَآئِكُمْ وَرَبَائِبُكُمُ اللاَّتِي فِي حُجُورِكُم مِّن نِّسَآئِكُمُ اللاَّتِي دَخَلْتُم بِهِنَّ فَإِن لَّمْ تَكُونُواْ دَخَلْتُم بِهِنَّ فَلاَ جُنَاحَ عَلَيْكُمْ وَحَلاَئِلُ أَبْنَائِكُمُ الَّذِينَ مِنْ أَصْلاَبِكُمْ وَأَن تَجْمَعُواْ بَيْنَ الأُخْتَيْنِ إَلاَّ مَا قَدْ سَلَفَ إِنَّ اللّهَ كَانَ غَفُورًا رَّحِيمًا

Forbidden to you (for marriage) are: your mothers, your daughters, your sisters, your father's sisters, your mother's sisters, your brother's daughters, your sister's daughters, your foster mother who gave you suck, your foster milk suckling sisters, your wives' mothers, your step daughters 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) - the wives of your sons who (spring) from your own loins, and two sisters in wedlock at the same time, except for what has already passed; Verily, Allah is Oft-Forgiving, Most Merciful.

(Holy Qur'aan: 4.23)

Fornication with a mahram (immediate family member) 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. 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. 


Chapter: A man who commits zina with a mahram relative

Narrated Al-Bara' ibn Azib: while I was wandering in search of my camels which had strayed, a caravan or some horsemen carrying a standard came forward. The bedouin began to go round me for my position with the Prophet (saw). They came to a domed structure, took out a man from it, and struck his neck. I asked about him. They told me that he had married his father's wife.

Source: Sunan Aboo Dawood. H. # 4459. Pg. # 801.

Hassan ibn Mansoor:

Of things which are haram but for which there is no Islamic penalty, these include… marrying your wife’s sister, or her mother, or a woman who is already married. “If a person marries a mahram (mother, sister, daughter, aunt etc.) and has sexual intercourse with them and even admits the fact that he knew while performing the marital rites that it was Haram for him to do that even then according to Imam Aboo Hanifa, he is not subject to any type of Islamic penalty”.

Source: Fatwa-e-Qazi Khan. Vol. 3, Pg. # 381.

Ibn Hazim:

Aboo Hanifa said: There is no limit on that, and neither no limit for the one who marries his mother that gave birth to him, and his daughter, and his sister, and his grandmother, and his father's sister (aunt from the father's side), and his mother's sister (aunt from the mother's side), and the daughter of his brother, and the daughter of his sister, when knowing their relativity with him, and knowing their prohibition from him, and (the prohibition) of having sexual intercourse with them. So the child would be following him, and the 'mahr' would be obligatory for them upon him, and it is nothing upon him except to commit 'ta'zeer' for those that are beneath 40. And that is the saying of Sufyan al-Thawri.

Source: Al-Muhalla. Vol. 11, Pg. # 253.

Alee Mardawi:

The occasion of conflict: If he would not have a certain pure dress - and if he would have, then praying in a 'mistaken' dress (i.e. unsure whether it's pure/impure) is not correct - as what the companions said. Secondly: The companions said: The leading (i.e. leading in prayer) of the one with a dress that is mistaken of being pure with impure. Thirdly: If his sister would be mistaken with being a strange woman and he would not investigate about it for the marriage to be correct in accordance to the school. And it was said that he should investigate it, then he could marry from a big tribe or a land.

Source: Al-Insaf Fi Ma'rifat Al-Rajeh' Min Al-Khilaf 'Ala Mazhab Al-Imam Ahmad bin Hanbal. Vol. 1, Pg. # 78.

No comments:

Post a Comment