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Is it Permissible for a Man to Marry His Daughter Born of Fornication?]

Mufti:
Alsayyed Muhammad b. Abdallah Awad Al-Muayyady
تاريخ النشر:
Fatwa number: 18159
Number of views: 12
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Is it Permissible for a Man to Marry His Daughter Born of Fornication?]
Fatwa number: 18159
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Question

Question: Is it permissible for a man to marry his daughter born of fornication?

Answer

Answer—and Allah grants success: It is not permissible for a man to marry his daughter born of fornication. Even if she is not his daughter in the legal (Sharʿī) sense, she was created from his semen and is therefore a part of his flesh.
What is meant by saying that she is not his daughter “in the Sharīʿah” is that there is no mutual inheritance between them, no legal lineage, and no maintenance—this is in the legal ruling. As for reality, she is his daughter; only, in the ruling of Allah one does not say: “So-and-so is the daughter of so-and-so.”
The evidence that she is his daughter in reality:
First: It is established that all people are called “the children of Adam,” and among them are many born of fornication, and none of the earlier or later scholars ever said that the children of fornication are not of the children of Adam.
Second: Allah Most High addressed the Jews collectively, saying, “O Children of Israel,” and fornication had later appeared among them.
This being so, the madhhab is as we have stated—prohibition. For it says in al-Azhar, in the course of listing those prohibited [to marry]: “and his descendants (faṣūluhu),” and in the marginal notes: “even if through fornication (Adopted).” (Í) End.
And therein also: “Ê She is Ê prohibited to Ê his son and Ê his brother and the like.” And therein as well: “The ruling of descendants through fornication is the ruling of descendants through lineage with respect to the prohibition of marriage—by lineage, affinity, and suckling. This applies only to the prohibition of marriage; it does not extend to what branches from it—such as permissibility of looking, seclusion, traveling with her, and the like—so those are not permissible, giving precedence to the side of prohibition.” End. (Adopted) (Í).
And in the Sharḥ: this is the view of Abū al-ʿAbbās and al-Muʾayyad bi-llāh.
And in the marginalia: a similar view is reported from al-Hādī. End.
And in the marginalia: “Ê They agree on the absence of guardianship, inheritance, and maintenance, and on the establishment of qiṣāṣ (retaliation).” Al-Faqīh ʿAlī said: “The criterion in ascertaining that she is from him is strong presumption along with intercourse.” End.
Source : Min Thimār al-ʿIlm wa al-Ḥikmah vol.1

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