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Did Imam Abu Hanifa issue a fatwa permitting marriage to maharim, and what is the refutation of this misconception if it is untrue?

1 min readAlso available in العربية

Imam Abu Hanifa did not say that it is permissible to marry maharim (unmarriageable kin), and far be it from him to say such a thing. However, he held that whoever marries a woman unlawful to him and has sexual intercourse with her, is not subject to the hadd (prescribed punishment) for zina (unlawful sexual intercourse); due to the شبهة (semblance/doubt) of a marriage contract. However, he is subject to a severe ta'zir (discretionary punishment). The majority of scholars differed with him on this, obligating the hadd upon such a person, because the contract is invalid by consensus.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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