Thu 16 رمضان 1447 (05 Mar 2026)
[Combining Prohibited Kin in Marriage]
Mufti:
Alsayyed Muhammad b. Abdallah Awad Al-Muayyady
Fatwa number: 18157
Number of views: 3
[Combining Prohibited Kin in Marriage]
Fatwa number: 18157
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Question: A man married a woman and lived with her for some time and had children with her. It was then discovered that the marriage contract between them was invalid because there existed between this woman and the man’s other wife a kinship that makes it impermissible to combine them in marriage. The man did not discover the invalidity of the marriage until after he had separated from the first wife. What should this man do?
Answer—and Allah grants success: The man may not approach this woman until her guardian concludes a new marriage contract for him to her, and a new dowry is due for her. The first marriage is invalid; however, lineage is established due to the ignorance (of the ruling), and the dowry is owed to her. She does not need to observe an istibrāʾ [waiting period to ensure the womb is clear] for the new contract, because the discharge is the husband’s; it is permissible for him to have intercourse with her.
There is a difference between this case and that of a man who committed zinā with a woman and then married her, for he must in that case observe istibrāʾ of her womb, because the first discharge—though from him—does not belong to him, in light of the saying of the Prophet (May Allah bless him and his family and grant them peace): “The child belongs to the [lawful] bed, and for the fornicator is the stone.”
Source: Min Thimār al-ʿIlm wa al-Ḥikmah vol.1
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