Fatwa #586427 June 2002United Kingdom
tell me if the nikah of the son is broken if his father sleeps with his son’s wife? Also if the son’s wife is his mother’s niece then what about his father’s nikah with his mother?
Question
Assalamaualykum Dear Mufti sahib, can you please tell me if the nikah of the son is broken if his father sleeps with his son?s wife? Also if the son?s wife is his mother?s niece then what about his father?s nikah with his mother??? Is that still valid?? Jazakallah for your help Salam!
Answer
Incest, in whatever form, is a very grave and detrimental sin in the%0D%0Aviewpoint of the Shari'ah. Not only does this heinous act result in great%0D%0Apunishment in the hereafter, but in the very world it sets off a frightening%0D%0Achain reaction. Consider the following Shar'ee ruling:%0D%0A%0D%0AShould a man commit adultery or even touch a blood relative with lust and%0D%0Adesire then automatically the Usool - ascendants (parents, etc.) and%0D%0AFurooh - descendants (children, etc.) of both parties become Haraam%0D%0A(forbidden in marriage) upon each other. (Shaami Vol. 2 pp. 32-36).%0D%0A%0D%0AExample 1: If a man touches his daughter-in-law with lust and desire then%0D%0Ahis son and daughter-in-law (son's wife) become Haraam upon one another.%0D%0AThey can no longer stay together with one another as husband and wife.%0D%0A%0D%0AExample 2: If the father touches his daughter with lust and desire then he%0D%0Aand his wife (his daughter's mother) become Haraam upon one another.%0D%0A%0D%0ATHE MUSLIM PUBLIC IS HEREBY NOTIFIED THAT THE DARUL IFTA IS FREQUENTLY FACED%0D%0AWITH THE ABOVE SITUATIONS AND THE CONSEQUENCES LEAD TO MARRIAGE BREAK-DOWN%0D%0AAND UNTOLD HEARTACHE.%0D%0A%0D%0AIn order to avoid the ghastly consequences of the above types of situations,%0D%0Ait is advisable that men and women strictly adhere to maintaining the Laws%0D%0Aof Purdah and separation of sexes, which have been prescribed for the peace%0D%0Aand harmony of mankind.%0D%0A%0D%0AIf the son's wife is his mother's niece, then the father's Nikah still%0D%0Aremains intact.%0D%0A%0D%0Aand Allah Ta'ala Knows Best%0D%0A%0D%0AMufti Ebrahim Desai