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Fatwa CenterMarrying a man whose father had committed unlawful sexual intercourse with her
Question
All praise is due to Allaah, some time ago Allaah The Almighty guided me; however, before my repentance, I had an unlawful relationship with a man who was older than me. He exploited me and I fell into sin. I ended this relationship. The son of that man, who has good morals, intends to marry me. I think I cannot find anyone better than him for me. It should be taken into account that his father does not mean anything to me. I consider my past relationship with him a nightmare. He also repented of his act and is aware of the mutual affection between me and his son, and he does not object to this. Is my marriage to his son considered lawful and something that would please Allaah?
Answer
All perfect praise be to Allaah, the Lord of the worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
Scholars hold different opinions concerning the validity of the marriage of a woman who committed unlawful sexual intercourse with the father or son of the suitor.
Ash-Shaafi‘i 
said, “Committing unlawful sexual intercourse with a woman does not make marrying her mother or daughter unlawful, nor does it make a woman unlawful in marriage for the father or the son of the man with whom she had unlawful sexual intercourse.”
Abu Haneefah, At-Thawri and Al-Awzaa‘i, 
said, “Unlawful sexual intercourse makes unlawful what marriage makes unlawful.”
Maalik said in Al-Muwatta’, “It does not make unlawful…”
Ibn Al-Qaasim reported another opinion similar to Abu Haneefah’s, “It does not make unlawful…”
Based on that, this issue is controversial among scholars. We consider the opinion which makes marrying the woman who committed sexual intercourse with the father unlawful to be preponderant by virtue of evidence. The Prophet, sallallaahu ‘alayhi wa sallam, did not comment when the father of the illegitimate child was called a “father”, as it is indicated in the story of Jurayj who asked the little child, “Who is your father?” [Al-Bukhari and Muslim]
It is well-known that the Sharee‘ah (Islamic law) only approves of the truth. Allaah The Almighty Says (what means): {And do not marry those [women] whom your fathers married, except what has already occurred. Indeed, it was an immorality and hateful [to Allaah] and was evil as a way.} [Quran 4:22]
Also, this opinion is more prudent and cautious. It is known that such a marriage would enable the adulterous father to enter upon the wife of his son whenever he likes and sit in seclusion with her under the pretext that she is the wife of his son. It is most likely that such a situation will not be safe, and that the previous incident which displeases Allaah The Almighty might happen again.
Hence, it is impermissible for you to marry the son of that man, even if he approves this marriage, if the relationship between you reached the extent of committing unlawful sexual intercourse.
We supplicate Allaah The Almighty to grant you a righteous husband where there is no doubt in the marriage. Whoever forsakes an unlawful thing for the sake of Allaah The Almighty, Allaah The Almighty will give him something better in return.
Allaah Knows best.
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