Marrying a woman who was intimate with one’s son

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: I have contracted a second marriage secretly. When my first wife found out some months later I confessed and openly went to live with her. The family being very upset did not accept this, the reason being

1. She worked in our store.

2. My son claims to have been intimate with her. He took her out for coffee and kissed her and also wanted to marry her.

3. She had some bad reputation /drugs /drinking /men.

4. She has an illegitimate son.

She became Muslim without being forced. I divorced her to keep every one happy she went into a depression and left town tried committing suicide. I felt I should help her. Her mother and father asked me to assist. Taking me as her husband, I took her back in nikkah again secretly. I brought her back home but could not live with her because of my family. I promised to take care of her. Is my intention and feeling to keep her due to the fact that I’ve seen her become a good woman? She now feels Islam is not just due to my actions. I’ve explained to her that due to the fact that she became Muslim all her passes sins would be forgiven, including my sons allegation that he slept with her which she deny’s.

The question here is, is her slate cleaned as of her taking shahaadat or does her passed actions carry forward? In the event she slept with my son, she becomes haraam for me even though she slept with him prior to taking the shahaaada?

Bismillaah

A: Don’t mix both the issues. This woman is haraam for you as per your confession that your son had kissed her. Hence, she can never be halaal for you in marriage no matter what you do. Separate her and look after your imaan. After all, you wish to be kind and she is not the only woman to show kindness to, neither is she the only woman who has accepted Islam. There are thousands of other women in a similar predicament. If you wish to be kind then don’t restrict your kindness nor let your intention be contaminated with your lust.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

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