Taken from: Fatāwā ʿIlmiyyah – Tawḍīḥ al-Aḥkām
Question:
If a nephew committed zina with his aunt, and later both sincerely repented from this sin, and now the family wishes to arrange the nephew’s marriage with the aunt’s daughter — with no unlawful relationship remaining between the aunt and the nephew — is this marriage permissible?
Answer:
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh, ammā baʿd!
Yes, in this case the marriage is permissible, and the wedding can take place.
Shar‘i Principle:
A haram act does not make a halal thing haram.
Meaning: if a man has an unlawful relationship with a woman who is not lawful for him, this does not make her relatives — who are otherwise lawful for him to marry — permanently forbidden for him.
The Prophet ﷺ said:
«لا يحرم الحرام الحلال»
(Sunan Ibn Mājah, ḥadīth: 2015)
Meaning:
“A haram act does not make a halal thing haram.”
Severity of Zina:
❀ Zina is a major and shameful sin.
❀ If a married person commits zina, the prescribed punishment is stoning to death.
❀ If unmarried, the punishment is one hundred lashes.
❀ If the zina is with a maḥram (a permanently prohibited relative), the sin is even more grievous and despicable.
Importance of Tawbah:
Such a person must:
❀ Immediately repent sincerely to Allah ﷻ.
❀ Seek His forgiveness for the sin.
❀ Resolve never to return to such a deed.
ھٰذا ما عندي والله أعلم بالصواب
