Written by: Imran Ayub Lahori
Just as it is impermissible for a man to marry a fornicating or polytheist woman, it is likewise forbidden for a woman to marry a fornicating or polytheist man.
➊ Allah Almighty says:
اَلزَّانِىْ لَا يَنْكِحُ اِلَّا زَانِيَةً اَوْ مُشْرِكَةً وَّ الزَّانِيَةُ لَا يَنْكِحُهَآ اِلَّا زَانٍ اَوْ مُشْرِكٌ ۚ وَحُرِّمَ ذٰلِكَ عَلَى الْمُؤْمِنِيْنَ
[An-Nūr: 3]
"The fornicator does not marry except a fornicating woman or a polytheist, and the fornicating woman is not married except to a fornicator or a polytheist. And this has been forbidden for the believers."
➋ The case of Marthad bin Abi Marthad al-Ghanawi رضي الله عنه:
When he expressed his desire to marry a fornicating woman named ʿAnāq, the Prophet ﷺ remained silent until the verse:
وَ الزَّانِيَةُ لَا يَنْكِحُهَآ اِلَّا زَانٍ
[An-Nūr: 3]
was revealed. The Prophet ﷺ then called him and said:
"Do not marry her."
[Ḥasan Ṣaḥīḥ: Ṣaḥīḥ Abū Dāwūd: 1806; Kitāb an-Nikāḥ: Chapter on the verse al-zānī lā yankihu illā zāniyah; also Abū Dāwūd: 2051; Tirmidhi: 3177; Nasa’i: 6/66]
➌ Narrated by Abū Hurairah رضي الله عنه:
The Prophet ﷺ said:
"A fornicator who has been lashed may only marry one like himself."
[Ṣaḥīḥ: Ṣaḥīḥ Abū Dāwūd: 1807; also Abū Dāwūd: 2052; Aḥmad: 2/324]
➍ Regarding the narration where a man said:
"My wife does not stop the hand of any man who touches her,"
and despite this, the Prophet ﷺ did not annul the marriage:
[Ṣaḥīḥ: Ṣaḥīḥ Abū Dāwūd: 1804; Kitāb an-Nikāḥ: Chapter on Prohibition of Marrying Women Who Do Not Bear Children; Abū Dāwūd: 2049]
This does not prove that the woman was a fornicator. Rather, it indicates that she lacked strong modesty and protective jealousy. Therefore, it cannot be concluded that the Prophet ﷺ allowed a chaste man to remain married to a fornicating woman.
However, it does imply that if the Prophet ﷺ advised separation over such minimal indecency, then it is even more appropriate to separate if the woman is proven to be a fornicator. This is clearly evident from the earlier verse:
وَ الزَّانِيَةُ لَا يَنْكِحُهَآ اِلَّا زَانٍ اَوْ مُشْرِكٌ
Thus, if someone has already married such a person, they should separate from them.
Allah says:
حُرِّمَتْ عَلَيْكُمُ أُمَّهَاتُكُمُ...
[An-Nisā’: 23-24]
"Forbidden to you are your mothers, your daughters, your sisters, your paternal aunts, your maternal aunts, the daughters of your brother, the daughters of your sister, your foster mothers who breastfed you, your foster sisters, your mothers-in-law, your stepdaughters under your care from the women with whom you have consummated marriage—but if you have not consummated the marriage, then there is no sin on you; and the wives of your biological sons, and that you combine two sisters in marriage simultaneously. Except for what has already passed. And [also forbidden are] married women, except those your right hands possess..."
And Allah says:
وَأُحِلَّ لَكُم مَّا وَرَاءَ ذَٰلِكُمْ
"Beyond that, all others are lawful to you."
✔ Ibn Qudāmah رحمه الله: The Ummah has reached consensus on the prohibition of all these relationships that are clearly mentioned in the Qur’anic text.
[Al-Mughnī: 9/513]
➊ Mothers (أمهات):
Includes maternal grandmothers, paternal grandmothers, and all ancestors from both maternal and paternal sides.
➋ Daughters (بنات):
Includes granddaughters through sons and daughters, and further descendants.
There is a difference of opinion about daughters born through zina (fornication):
➌ Sisters (أخوات):
Includes full sisters, paternal half-sisters, and maternal half-sisters.
➍ Paternal Aunts (عمات):
Includes sisters of all male ancestors—fathers, grandfathers, great-grandfathers, etc.
➎ Maternal Aunts (خالات):
Includes sisters of all female ancestors—mothers, grandmothers, great-grandmothers, etc.
➏ Brother’s Daughters (بنت الأخ):
Includes daughters of all types of brothers, directly or indirectly.
➐ Sister’s Daughters (بنت الأخت):
Includes daughters of all types of sisters, directly or indirectly.
These seven relationships by lineage are prohibited. Similarly, seven foster (riḍāʿī) relationships are also prohibited, which will be detailed in later sections. Additionally, four in-law (marital) relationships are also forbidden:
① Mother-in-law (wife’s mother):
Includes her maternal and paternal grandmothers.
Even if one divorces the wife without consummation, her mother remains permanently haram.
However, her daughter (the stepdaughter) is still permissible.
② Stepdaughter (ربيبة):
Daughter from the wife's previous marriage.
She is only prohibited if the mother has been consummated with. Otherwise, she is permissible.
The clause فِي حُجُورِكُمْ is for common occurrence, not a condition.
③ Wives of Biological Sons:
Includes wives of sons, grandsons, and further male descendants.
This indicates that wives of adopted sons are not prohibited.
④ Combining Two Sisters in Marriage:
Permissible only if one dies or is divorced and has completed her ʿiddah.
Also prohibited is marrying a married woman, unless she becomes a slave woman, and her womb is free from pregnancy (after childbirth or completing the waiting period).
[Tafsīr Fatḥ al-Qadīr: 1/444–456]
❖ Marriage with a Fornicating or Polytheist Woman is Prohibited
Just as it is impermissible for a man to marry a fornicating or polytheist woman, it is likewise forbidden for a woman to marry a fornicating or polytheist man.
➊ Allah Almighty says:
اَلزَّانِىْ لَا يَنْكِحُ اِلَّا زَانِيَةً اَوْ مُشْرِكَةً وَّ الزَّانِيَةُ لَا يَنْكِحُهَآ اِلَّا زَانٍ اَوْ مُشْرِكٌ ۚ وَحُرِّمَ ذٰلِكَ عَلَى الْمُؤْمِنِيْنَ
[An-Nūr: 3]
"The fornicator does not marry except a fornicating woman or a polytheist, and the fornicating woman is not married except to a fornicator or a polytheist. And this has been forbidden for the believers."
➋ The case of Marthad bin Abi Marthad al-Ghanawi رضي الله عنه:
When he expressed his desire to marry a fornicating woman named ʿAnāq, the Prophet ﷺ remained silent until the verse:
وَ الزَّانِيَةُ لَا يَنْكِحُهَآ اِلَّا زَانٍ
[An-Nūr: 3]
was revealed. The Prophet ﷺ then called him and said:
"Do not marry her."
[Ḥasan Ṣaḥīḥ: Ṣaḥīḥ Abū Dāwūd: 1806; Kitāb an-Nikāḥ: Chapter on the verse al-zānī lā yankihu illā zāniyah; also Abū Dāwūd: 2051; Tirmidhi: 3177; Nasa’i: 6/66]
➌ Narrated by Abū Hurairah رضي الله عنه:
The Prophet ﷺ said:
"A fornicator who has been lashed may only marry one like himself."
[Ṣaḥīḥ: Ṣaḥīḥ Abū Dāwūd: 1807; also Abū Dāwūd: 2052; Aḥmad: 2/324]
➍ Regarding the narration where a man said:
"My wife does not stop the hand of any man who touches her,"
and despite this, the Prophet ﷺ did not annul the marriage:
[Ṣaḥīḥ: Ṣaḥīḥ Abū Dāwūd: 1804; Kitāb an-Nikāḥ: Chapter on Prohibition of Marrying Women Who Do Not Bear Children; Abū Dāwūd: 2049]
This does not prove that the woman was a fornicator. Rather, it indicates that she lacked strong modesty and protective jealousy. Therefore, it cannot be concluded that the Prophet ﷺ allowed a chaste man to remain married to a fornicating woman.
However, it does imply that if the Prophet ﷺ advised separation over such minimal indecency, then it is even more appropriate to separate if the woman is proven to be a fornicator. This is clearly evident from the earlier verse:
وَ الزَّانِيَةُ لَا يَنْكِحُهَآ اِلَّا زَانٍ اَوْ مُشْرِكٌ
Thus, if someone has already married such a person, they should separate from them.
❖ Those Whose Marriage is Explicitly Forbidden by the Qur’an
Allah says:
حُرِّمَتْ عَلَيْكُمُ أُمَّهَاتُكُمُ...
[An-Nisā’: 23-24]
"Forbidden to you are your mothers, your daughters, your sisters, your paternal aunts, your maternal aunts, the daughters of your brother, the daughters of your sister, your foster mothers who breastfed you, your foster sisters, your mothers-in-law, your stepdaughters under your care from the women with whom you have consummated marriage—but if you have not consummated the marriage, then there is no sin on you; and the wives of your biological sons, and that you combine two sisters in marriage simultaneously. Except for what has already passed. And [also forbidden are] married women, except those your right hands possess..."
And Allah says:
وَأُحِلَّ لَكُم مَّا وَرَاءَ ذَٰلِكُمْ
"Beyond that, all others are lawful to you."
✔ Ibn Qudāmah رحمه الله: The Ummah has reached consensus on the prohibition of all these relationships that are clearly mentioned in the Qur’anic text.
[Al-Mughnī: 9/513]
◈ Clarifications on the Prohibited Relationships:
➊ Mothers (أمهات):
Includes maternal grandmothers, paternal grandmothers, and all ancestors from both maternal and paternal sides.
➋ Daughters (بنات):
Includes granddaughters through sons and daughters, and further descendants.
There is a difference of opinion about daughters born through zina (fornication):
- Three Imams: They count her as a daughter.
- Imam al-Shāfiʿī رحمه الله: He does not count her as a daughter.
He argues that such a daughter is not included in يُوصِيكُمُ اللَّهُ فِي أَوْلَادِكُمْ, nor is she an heir by consensus. Therefore, she is also excluded from this verse of prohibition. Wallāhu aʿlam.
[Tafsīr al-Lubāb fī ʿUlūm al-Kitāb: 6/288; Ḥilyat al-ʿUlamā’: 6/379; Nihāyat al-Muḥtāj: 6/266; Bidāyat al-Mujtahid: 2/28; Ḥawāshī al-Taḥfah: 7/299; Sharqāwī ʿalā al-Taḥrīr: 2/210]
➌ Sisters (أخوات):
Includes full sisters, paternal half-sisters, and maternal half-sisters.
➍ Paternal Aunts (عمات):
Includes sisters of all male ancestors—fathers, grandfathers, great-grandfathers, etc.
➎ Maternal Aunts (خالات):
Includes sisters of all female ancestors—mothers, grandmothers, great-grandmothers, etc.
➏ Brother’s Daughters (بنت الأخ):
Includes daughters of all types of brothers, directly or indirectly.
➐ Sister’s Daughters (بنت الأخت):
Includes daughters of all types of sisters, directly or indirectly.
These seven relationships by lineage are prohibited. Similarly, seven foster (riḍāʿī) relationships are also prohibited, which will be detailed in later sections. Additionally, four in-law (marital) relationships are also forbidden:
❖ The Four Prohibited In-Law Relationships:
① Mother-in-law (wife’s mother):
Includes her maternal and paternal grandmothers.
Even if one divorces the wife without consummation, her mother remains permanently haram.
However, her daughter (the stepdaughter) is still permissible.
② Stepdaughter (ربيبة):
Daughter from the wife's previous marriage.
She is only prohibited if the mother has been consummated with. Otherwise, she is permissible.
The clause فِي حُجُورِكُمْ is for common occurrence, not a condition.
③ Wives of Biological Sons:
Includes wives of sons, grandsons, and further male descendants.
This indicates that wives of adopted sons are not prohibited.
④ Combining Two Sisters in Marriage:
Permissible only if one dies or is divorced and has completed her ʿiddah.
Also prohibited is marrying a married woman, unless she becomes a slave woman, and her womb is free from pregnancy (after childbirth or completing the waiting period).
[Tafsīr Fatḥ al-Qadīr: 1/444–456]
