The question of marriage and Zina creates complex legal and spiritual dilemmas, particularly when a man wishes to marry the daughter of a woman with whom he previously had an illicit relationship. This situation involves two distinct aspects: the gravity of the sin committed and the specific legal ruling regarding the validity of the marriage contract.
This article addresses the enormity of Zina, the path to repentance, and the divergence of scholarly opinion regarding “prohibition by affinity.”
The Gravity of Zina and Repentance
Zina (adultery/fornication) is one of the most heinous sins in Islam. Its enormity is such that it is often mentioned in the Qur’an alongside Shirk (associating partners with Allah). It erodes the tranquility of families, corrodes the soul, and exposes a person to divine wrath.
However, a believer must never lose hope in Allah’s mercy. If one has committed this major sin, they should rush to repent sincerely.
Conditions for Sincere Repentance:
- Deep Guilt: Experiencing a profound sense of remorse for disobeying Allah.
- Cessation: Totally refraining from the sin and cutting off associations that led to it.
- Resolve: Making a firm commitment never to repeat the act.
- Good Deeds: Engaging in righteous acts to wipe out past sins.
The Legal Ruling: Is the Daughter Prohibited?
Regarding the validity of marrying the daughter of a woman with whom one had an illicit relationship, Islamic scholars hold different views based on the concept of Hurmat al-Musaharah (prohibition established by affinity).
View 1: The Marriage is Prohibited (Haram) Scholars such as Imam Abu Hanifah, Imam Ahmad ibn Hanbal, and Imam Malik (in one report) hold that illicit intercourse establishes prohibition just as legal marriage does.
- Reasoning: Just as a valid marriage to a woman prohibits her daughter to the husband, Zina with a woman also makes her daughter prohibited (Mahram) to the man forever. Under this view, the marriage would be invalid.
View 2: The Marriage is Permissible (Halal) Scholars such as Imam Al-Shafi’i and Imam Malik (in another report) argue that Zina does not establish prohibition.
- Reasoning: They uphold the principle that “The unlawful does not prohibit the lawful.” Since there was no legal contract (Nikah) with the mother, the laws of affinity do not apply. Therefore, the man is religiously permitted to marry the daughter.
Conclusion
To sum up, the second view (Permissibility)—the opinion of Al-Shafi’i—is considered the “more correct” view in this specific context. Therefore, strictly speaking, the marriage is valid. However, the individual must ensure sincere repentance for the past sin to seek blessings in the new union.
