Question
What happens to the marriage of a man who commits incest with his daughter? Does his act nullify his marriage with his wife, the mother of the daughter?
Answer
Committing adultery with one’s daughter is a double crime. It is adultery. It is also the abominable crime of incest – unlawful sex with a near relative (mahram).
However, this abominable act will not invalidate the lawful marriage that exists between the incestuous adulterer and his wife.
The strongest opinion is that a unlawful sexual relationship will not invalidate the lawful marriage. Allah has only forbidden a man to get married with the mother of a woman who one has married in a legal way. It is not prohibited to marry the mother of a woman with whom one had engaged in illicit sexual relations.
The principle here is that an unlawful act will not make that which is lawful into something unlawful.
The Prophet (peace be upon him) was asked about a man who committed adultery with a woman then wanted to marry her or her daughter.
He said: “An unlawful act will not make what is lawful as unlawful, it only makes unlawful if it occurs by marriage.” [Sunan al-Dârqutnî]
However, this abominable act will not invalidate the lawful marriage that exists between the incestuous adulterer and his wife.
The strongest opinion is that a unlawful sexual relationship will not invalidate the lawful marriage. Allah has only forbidden a man to get married with the mother of a woman who one has married in a legal way. It is not prohibited to marry the mother of a woman with whom one had engaged in illicit sexual relations.
The principle here is that an unlawful act will not make that which is lawful into something unlawful.
The Prophet (peace be upon him) was asked about a man who committed adultery with a woman then wanted to marry her or her daughter.
He said: “An unlawful act will not make what is lawful as unlawful, it only makes unlawful if it occurs by marriage.” [Sunan al-Dârqutnî]
And Allah knows best.
-islamtoday.net
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