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The question

How can one reconcile Fatwa No. 76414, which permits the combination of hadd (prescribed punishment) and lineage in three specific cases despite the perpetrator's knowledge of the prohibition, with Fatwa No. 96065, which states that the children of a fifth wife are not attributed to the husband if he was aware of the prohibition?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The difference between the two fatwas regarding the obligation of the hadd (prescribed punishment) and the establishment of lineage for someone who marries a fifth wife while knowing it is forbidden, stems from a disagreement within the Maliki school of thought. An ignorant person who is unaware of the prohibition of marrying a fifth wife is excused, but if one does so intentionally, its prohibition is agreed upon. As for whether the intentional transgressor is subject to the hadd and whether the child born from such a union is attributed to him, there are two opinions: one states that he is subject to the hadd and the child is not attributed to him (which is the view of the Mudawwanah), and the other states that he is not subject to the hadd. The attribution of lineage is based on the opinion of Mayyarah, while its non-attribution is based on the well-known opinion in the Mudawwanah and other sources.

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Original fatwa ID
168709
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