
What is the ruling if the daughter-in-law is raped by the father-in-law 9217724733
Ahle Haq Bangla Media Service•wedding-divorce•
Question
If the son-in-law is raped by the father-in-law. What is the opinion of the four Imams of the four Madhhabs based on the document that this wife is legal for her husband, that is, for the son of the rapist? 4552642862
Answer
- حامداومصلياومسلما، بسم الله الرحمن الرحيم -
Will his wife be forbidden to the son by this heinous act of the sinful father? There are two views among the four Imams on this point. E.g.
- According to Imam Abu Azam Abu Hanifa and Imam Ahmad bin Humble, rape will make the wife haram for the son. It is also a verse of Imam Malik. However, the pure Kaul of the Maliki school is the second.
- According to Imam Shafi'i and Imam Malik, a wife will not be forbidden for a son. (Kitabul Fiqh Alamajahibil Arbaa-4 / 62-65)Al-Hanafiyyah: As for the sanctity of the affairs, it is fourfold, the contract is valid, secondly, if it is valid or corrupt, the third is adultery, the fourth is to look at the woman. It is not necessary for the sanctuary to be destroyed, for it is a blessing from God, but it is not permissible to commit adultery, and it is not permissible to commit adultery, nor is it permissible to look at it in the present, as long as it is not trustworthy. If you get married, you will be punished. حرمة المصاهرة -٦١-٦٦)Does adultery impose a life ban on musaharat or certain relatives in Hurma? Explaining that it is as if Abdul Alim married a woman, now it is haraam for Abdul Alim to marry his wife's mother. At the same time, it is haraam to marry the daughter of his wife's previous house and anyone below her. At the same time, it is haraam for the son of the house before Abdul Alim to marry Abdul Alim's new wife. Even if Abdul Alim commits adultery with a woman without getting married (naujubillah), will the ruling of Musaharat be imposed on such a woman? There is a difference of opinion among the four Imams on this point. However, the strongest statement in terms of evidence is that of Imam Abu Hanifa and Imam Ahmad bin Humble.That is, just as marriage is declared to be a musaharat in Hurma, so is jinn a musaharat in Hurma. A few proofs are presented below. From the Qur'an, do not marry your parents, except for women, except those who have committed adultery and married women whom you have married. But that has become a thing of the past. It is obscene, outrageous, and degrading. (Surat an-Nisa ': 22)Nika means marriage. E.g.
- Akad
- Have sexIn fact, the basic meaning is intercourse. But since intercourse is permissible only through Aqd, Aqd is usually referred to as Nikah. Under the provisions of the priests agreed to write the verse rah likhena قوله تعالى ولا تنكحوا ما نكح آباؤكم من النساء قد أوجب تحريم نكاح امرأة قد وطئها أبوه بزنا أو غيره إذ كان الاسم يتناوله حقيقة فوجب حمله عليها • Word of Allah "women that your fathers Married, you must not marry them. ”He must marry the woman with whom his father had intercourse, either through adultery or otherwise. Since the real meaning of the word nikah is intercourse. So it must be embedded in the real sense. (Ahkamul Quran Lirraji-2/137; Surah Nisa-22)In the light of the fatwa of the Companions, the Companions quoted below have recognized Jinnah as the Musaharat in Hurmat. E.g.
- Hazrat Imran bin Hussain R. (Ahkamul Quran Lirraji-2/138)
- Hazrat Ubayy bin Ka'b r. (Elaus Sunan-11/20)
- Hazrat Umar R.
- Hazrat Abdullah bin Masood r.
- Hadrat Ibn Abbas. (In proportion to Sahih Kaul). Jaber bin Abdullah R.. Hazrat Ayesha R. (Fathul Qadir Liibne Humam) Fatwa of the Tabi'is The Tabi'is quoted below used to give the same fatwa. E.g.
- Hazrat Hasan Basri Rah.
- Hazrat Qatada bin Daama said.
- Saeed bin Musayyib.
- Sulaiman bin Yasar.
- Salem bin Abdullah.. Mujahid Rah.. Ata Rah.. Ibrahim Nakhai Rah.
- Mango Rah.
- Hammad Rah.There are also Imam Muhammad, Imam Abu Yusuf, Imam Jufar, Imam Sufyan bin Saeed Sawri, Imam Awzai, Jaber bin Zayed, Taus, Imam Ishaq and other muhaddiths and jurists. (Ahkamul Quran Liljassas, Umdatul Qari, Fathul Qadir) Arguably, the main reason for musaharat in Hurmat is to be a part of intercourse. The one with whom intercourse takes place has a part of the intercourse partner. If the father has intercourse with someone, then a part of the father leaves the woman, and the child is also a part of the father. And one part cannot marry the other part. For this reason, the woman with whom the father will have intercourse will become haram for the child.Then it was understood that the main reason for hurmat is to be a part and to have a child. And since having a baby is not seen, it is a hidden thing. Therefore, marriage is considered to be the external cause of Musaharat in Hurmat. That is, Musaharat was established in Hurma through marriage. And it is clear that although the main reason for musaharat in the Hurum of having a child is hidden, the marriage has been kept as an external reason. So if the reason for having a child without marriage is found, then why shouldn't Hurma be declared Musaharat? Where distant reason marriage has been made the cause of musaharat in hurmat, can there be any rationale for not declaring hurmat in spite of having a definite and original reason? This is why since the father has committed adultery with the son's wife, that wife has become haraam for the son.In the end, the life of the Hereafter is eternal life. That is the real life. Therefore, it would not be wise to waste the eternal life of the Hereafter for a few days of 60/70 years. So in the family where this heinous act was committed, the boy should be separated from his wife. And if there was an Islamic caliphate, that sinless and shameless father would have been publicly stoned to death. Such heinous acts are not the work of any humanity. The sinful father must be asked to repent to Allah in earnest. May Allah grant us the grace to live in proportion to His provisions. 8172517589
- والله اعلم باالصواب -
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