What If I Mistakenly/Purposely Had Sex With My Sister Or Mother?
Muhaqqiq Asr, Ashiq-e-Peghambar, Maher Razviyaat, Nasir Naimiyaat, Munazir Ahle Islam, Huzoor Mufti Zulfaqar Khan Naimi Razvi, may peace be upon you!
It is asked:
Question: Zayd was in a room in the darkness of the night with his mother, sister and wife. He deceivingly had sexual intercourse with his sister or mother, thinking it was his wife, will his wife be out of marriage forever and if he has had sexual intercourse intentionally what will be then the judgment? Please endow an answer as it is very important.
Questioner: Muhammad Ayoub Ansari Naimi from Ramban Kashmir.
The answer with the aid of the Almighty King, The Bestower.
Allah’s name be the beginning, the Most Gracious, the Most Merciful.
We praise him, and we convey peace upon his noble beloved.
And may peace be upon you!
This humble servant is not at all worthy of the valuable titles you have given.
In the case of the question, Zayd’s wife is not out of marriage. Because no legal aspects of breaking the marriage are perceived. Nevertheless, if he accidentally had sex with the mother, the mother will then be haram to Zayd’s father. Because in Islam incest [hurmat musahara] becomes evident in having sexual intercourse with the wife of the father. And she will be haram to the husband forever, that is the father of the one who had sexual intercourse. The relatives for whom incest becomes apparent, among them are also the father’s wives. If sexual intercourse has occurred accidentally, even then incest becomes apparent.
It is stated in Fatawa al-Alamgiri:
نساء الآباء والأجداد …. فهؤلاء محرمات على التأبيد كذا في الحاوي القدسي. وتثبت حرمة المصاهرة بالنكاح الصحيح دون الفاسد…. وتثبت بالوطء حلالا كان أو عن شبهة أو زنا، كذا في فتاوى قاضي خان…….وكذا تشترط الشهوة في الذكر حتى لو جامع ابن أربع سنين زوجة أبيه لا تثبت به حرمة المصاهرة، كذا في فتح القديرThe father and grandfather’s wives are haram forever, just as it is stated in al-Hawi al-Qudsi. And with them, a sound marriage becomes incest, not with an unsound [fasid] marriage, as it says in Muhit Sarkhasi. And incest becomes apparent through halal sex, or by mistake, or by fornicating [zina] with them, just as it stated in Fatawa Qadi Khan. Likewise, in al-Dhikr there is the condition of lust in the sense that if a four-year-old child had sex with his father’s wife, incest does not become apparent, as it is stated in Fath al-Qadir.
[Fatawa al-Alamgiri: vol. 1, p. 274-275 – الباب فی بیان المحرمات]
And Allah Almighty knows best with rectitude.
Mufti Muhammad Zulfaqar Khan Naimi Kakralwi
Nuri Dar al-Ifta, Madina Masjid Ali Khan Kashipur
11-Jumadi al-Awwal-1442 || ≈ 26-Dec-2020
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