The question of contracting a marriage after illicit affair is a complex juristic issue in Islam. When a man has previously committed zina (adultery or fornication) with a woman, he may later wish to marry her daughter. This scenario raises serious legal questions about whether the past sin creates a permanent barrier (prohibition of affinity) between him and the daughter.
Scholars approach this sensitive topic by first addressing the necessity of repentance and then detailing the divergence of opinion among the major schools of Islamic jurisprudence regarding the validity of such a marriage.
The Necessity of Repentance
Before addressing the validity of the marriage contract, it is established that zina is a grievous sin. The perpetrator must engage in sincere repentance (Tawbah).
Allah Almighty says:
“And those who do not invoke with Allah another deity or kill the soul which Allah has forbidden [to be killed], except by right, and do not commit unlawful sexual intercourse. And whoever should do that will meet a penalty. Multiplied for him is the punishment on the Day of Resurrection, and he will abide therein humiliated – Except for those who repent, believe and do righteous work. For them Allah will replace their evil deeds with good. And ever is Allah Forgiving and Merciful.” (Quran 25:68-70, Saheeh International)
Sincere repentance involves refraining from the sin and the circumstances that led to it, feeling deep remorse, and resolving never to repeat it.
Juristic Opinions on Marrying the Daughter
Islamic jurists hold different opinions concerning whether zina creates a relationship of “affinity” (Musaharah) that would prohibit marriage to the woman’s relatives.
The Hanafi School: Prohibition
According to the Hanafi School, zina disqualifies one from contracting marriage with the partner’s in-laws. This school holds that the prohibition of affinity is established by sexual intercourse, whether lawful or unlawful.
Therefore, a man who commits zina with a woman is not allowed to marry her daughter, mother, or grandmother. The rationale is that this sexual history creates potential rivalry and conflict within the family structure.
The Shafi`i School: Permissibility
According to the Shafi`i School, zina does not nullify the ability to marry the woman’s relatives. This school maintains that prohibition of affinity is a blessing established only through a lawful, valid marriage contract. Since zina is unlawful, it does not carry the legal weight to prohibit marriage to the woman’s daughter.
The Maliki School: Two Opinions
The Maliki School contains two opinions. The first opinion supports the Hanafi view (prohibiting the marriage), while the second agrees with the Shafi`i view (allowing the marriage).
The Scholarly Conclusion and Conditions
Prominent scholars, including a former Grand Sheikh of Al-Azhar, have weighed these differences.
The opinion often given is in support of the Shafi`i School—that the marriage to the daughter is permissible—but with a strict condition:
- Guarantee of Chastity: The groom must guarantee that he will never have an illicit affair with his mother-in-law (his former partner) and strictly abide by this decision forever.
- Avoiding Enmity: If he cannot guarantee this self-control, the Hanafi opinion should be applied (forbidding the marriage) to prevent enmity and further sin within the family.
If the marriage takes place, the mother-in-law becomes permanently prohibited (Mahram) to him, exactly like his own mother. Thus, any sexual relation with her would be as grave as incest.
