Fatwa #1465920 October 2006South Africa
his father has had an affair with his mothers own sister
Question
Assalmu-alaikum,
A friend has turned to me for advice. His father has committed adultery about more than 20 years ago and it is still going on. He has told me his father has had an affair with his mothers own sister. He has 2 children from her. Also my friend they are four children and have been living their life like this for years. He says his family at times is neglected and his mother does not see eye to eye with his father. No-one has done or said anything, he says people think his aunt is his fathers wife and sometimes she tells people that he is her child. Is their anything that can be done, as he says people have accepted them like this. He says he cannot bare the pain his mother has gone through for years.
Please advise.
Wasalaam
Answer
Assalamu Alaikum Warahmatullah
Brother/Sister in Islam
Your friends father has committed adultery with his aunt. Furthermore he could not marry her as marriage with ones aunt is prohibited. The children from her will be illegitimate.
Your friends mother may continue making sabr and hope for the reward from Allah. If she does not want to continue the marriage, she may contact her local Ulama, the Jamiats in Natal, Gauteng or MJC in Cape Town for an annulment of her marriage. The judicial body of the Ulama will consider the application in the light of Shariah and advise accordingly.
And Allah Knows Best
Mufti Ebrahim Desai
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