Source: Fatāwā Amunpuri by Shaykh Ghulām Mustafa Zaheer Amunpuri
If a wife becomes a Qādiyānī (apostate) and marries a Qādiyānī man, and then gives birth to a daughter — can her first husband marry that daughter?
It is not permissible for the first husband to marry that daughter.
﴿وَرَبَائِبُكُمُ اللَّاتِي فِي حُجُورِكُم مِّن نِّسَائِكُمُ اللَّاتِي دَخَلْتُم بِهِنَّ فَإِن لَّمْ تَكُونُوا دَخَلْتُم بِهِنَّ فَلَا جُنَاحَ عَلَيْكُمْ﴾
[Sūrah al-Nisā’, 4:23]
Translation:
“Your stepdaughters under your care, born of your wives with whom you have consummated the marriage, are forbidden to you. But if you have not consummated the marriage with them, then there is no blame upon you (to marry their daughters).”
If consummation (khulwah or intercourse) took place with the wife, then all her children (from any subsequent husband) become permanently forbidden (ḥarām) for the previous husband, regardless of her later apostasy.
Even though the wife became a Qādiyānī, and married someone else, the fact remains that consummation had occurred with the first husband. Therefore, all her offspring from subsequent relationships are unlawful (maḥram) to him.
① Consummation with a woman establishes permanent prohibition on her daughters for the husband.
② Apostasy of the wife does not nullify the ruling of ḥurmat muṣāharah (marital prohibition due to in-law relation).
③ Hence, the first husband cannot marry her daughter, even if the daughter is from another man (after her apostasy).
❖ Question:
If a wife becomes a Qādiyānī (apostate) and marries a Qādiyānī man, and then gives birth to a daughter — can her first husband marry that daughter?
✿ Answer:
It is not permissible for the first husband to marry that daughter.
❖ Qur’anic Evidence:
﴿وَرَبَائِبُكُمُ اللَّاتِي فِي حُجُورِكُم مِّن نِّسَائِكُمُ اللَّاتِي دَخَلْتُم بِهِنَّ فَإِن لَّمْ تَكُونُوا دَخَلْتُم بِهِنَّ فَلَا جُنَاحَ عَلَيْكُمْ﴾
[Sūrah al-Nisā’, 4:23]Translation:
“Your stepdaughters under your care, born of your wives with whom you have consummated the marriage, are forbidden to you. But if you have not consummated the marriage with them, then there is no blame upon you (to marry their daughters).”
❖ Legal Reasoning:
If consummation (khulwah or intercourse) took place with the wife, then all her children (from any subsequent husband) become permanently forbidden (ḥarām) for the previous husband, regardless of her later apostasy.
Even though the wife became a Qādiyānī, and married someone else, the fact remains that consummation had occurred with the first husband. Therefore, all her offspring from subsequent relationships are unlawful (maḥram) to him.
Summary of the Ruling:
① Consummation with a woman establishes permanent prohibition on her daughters for the husband.
② Apostasy of the wife does not nullify the ruling of ḥurmat muṣāharah (marital prohibition due to in-law relation).
③ Hence, the first husband cannot marry her daughter, even if the daughter is from another man (after her apostasy).
