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Zina with Mother, Zina with Daughter: Can He Marry Her?

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: If someone commits zina with a woman and later he commits zinnah with her daughter. Now he got married to the daughter. Is the nikaah or should he divorce her? What should he do?

Bismillaah

A: The nikaah is not valid. Nikaah cannot take place with a girl with whom one had relations with the mother. Hence, when there is no nikaah, there is no question of giving talaaq to end the relationship.  He should immediately separate from her and sincerely make tawba for his sins.

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

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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