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Status of Nikah

Answered as per Hanafi Fiqh by Mahmoodiyah

Question:

If a father-in law rapes his daughter-in law with force, what will be the ruling of her marriage with her husband., second incident…… if a father-in law abuses his daughter-in law, like speaking sex topics, scolding her, beating her, criticising her, touching her. also once daughter-in law was sleeping in her room, her father-in law went to her room, and sucked her breasts, when the girl wakes, he ran away. after this he was black mailing her, if she told to anybody, then he will get a divorce from his son. in this case, sex did not happen, any how Allah saved her, and now she is with husband alone in gulf, and now she had a child also. So kindly let me know the ruling based upon so many things happened to her, will there is any problem with her Marriage. due to this is the marriage affected ?. Kindly advice. please.


Answer:

 

 

The lady with whom these acts were done should inform her husband as to what transpired. If her husband casts her claims aside and does not believe her, then she should continue living with him and not ponder any further in that regard. If, however, the husband believes her and is confident that she is speaking the truth, then it is imperative upon him to divorce her or verbally inform her that he has left her. If the husband does not terminate the Nikah, the wife will not be sinful and the children will be legitimate. (Ad-Durrul Mukhtaar, Vol.2, Page 303-307, Fathul Qadeer, Vol. 3, Page 130, Kuwaita print)   

And Allah Ta’ala knows best

Mufti Muhammad Ashraf

Darul Iftaa

Jameah Mahmoodiyah

Springs

                  

02 August 2005

26 Jumaadul Ukhraa 1426

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