Is it permissible for a young man to marry the girl his father raped when she was young?
Scholars have differed regarding fornication (zina): does it establish the same marital prohibitions (hurmat al-musaharah) as marriage? The Hanafis and Hanbalis hold that it does establish such prohibition. The Malikis and Shafi'is, however, maintain that illicit intercourse does not result in marital prohibition.
The young man is advised not to marry the girl for two reasons: First: As a precaution and to avoid disagreement, since many scholars consider her forbidden to him. Second: His marriage to her would bring her close to his father, and there is a concern that this might remind him of the forbidden act or incite him to it, or become a source of temptation for the wife.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 6305
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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