Is it permissible to marry according to the Madhhab of Abu Hanifa, which prohibits marriage to a woman with whom one has committed Zina (fornication/adultery)?
The Hanafi school of thought prohibits marriage due to adultery. So, if a man commits adultery with a woman, her ascendants and descendants become forbidden to him, and she becomes forbidden to his ascendants and descendants. Some scholars, like the Hanbalis, agreed with them, citing the generality of Allah’s saying: "And do not marry those [women] whom your fathers married," and because every prohibition attached to lawful intercourse also applies to unlawful intercourse. Whereas the Shafi’is and some Malikis believe that what is unlawful does not prohibit what is lawful. A Muslim is not obliged to adhere to a specific (school of thought), and it is permissible for him to follow any of the recognized madhhabs, provided that this is not for the purpose of seeking out concessions.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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