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Son marries daughter-in-law: incest?

Answered as per Hanafi Fiqh by ZamzamAcademy.com

A man and woman got married. Both are Hanafi. The man’s son from a previous marriage fell in love with the woman’s daughter from a previous marriage, and they asked their parents to let them get married.

Most of the extended family said that this was incest, but the parents disagreed and allowed the marriage. Who was right, and what is the status of their marriage, and children if any?

Answered by: Mufti Abdurrahman ibn Yusuf

Assalamu alaykum

In the name of Allah the Inspirer of truth

Actually, as far as the marriage is concerned, there is no impermissibility in it nor is it incest in any way. Hence, if there are any children from such a marriage they are legitimate offspring.

The girl the boy is marrying has no blood ties with him and vice versa. Both are from separate mothers and fathers (See Radd al-Muhtar 2:279 and al-Bahr al-Ra’iq 3:105).

Wassalam
Mufti Abdurrahman ibn Yusuf

This answer was collected from the fatwa archive of ZamZam Academy website. Zamzam Academy helps students improve themselves and their communities by helping them learn Islamic Sciences and implementing them practically in their lives.
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