❀ Is the Wife of a Man Who Committed Zina with His Daughter Lawful for Him? ❀
Source: Ahkam wa Masail, Bab: Nikah ke Masail, Vol. 1, Page 322
❖ Question
A man, overcome by lust, committed zina with his real daughter, and even repeated this heinous act multiple times. Later, he repented, and out of fear of the Hereafter, he wept many times. Now he lives in constant worry. The question is: In such a case, is his wife still lawful for him? And were the marital relations he maintained with his wife until now lawful and valid? He also tried in every possible way to contract another marriage but failed. A detailed answer is requested in the light of the Qur’an and Hadith.
❖ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu waṣ-salāmu ʿalā Rasūlillāh, Ammā Baʿd!
You are well aware that the prescribed punishment (ḥadd) for a married adulterer (muḥṣan zānī) in Islam is rajm (stoning to death).
Similarly, you know that when a man contracted marriage with his father’s wife, the Prophet ﷺ sent Abu Burdah ibn Niyār (رضي الله عنه) to behead the criminal as punishment for this grievous sin.
Now, consider this matter carefully:
◈ If merely marrying one of the maḥramāt (those relations permanently forbidden for marriage) carries the punishment of execution,
◈ Then how can the punishment for committing zina with the same maḥramāt be anything less?
Moreover:
◈ In this case, zina was indeed committed — and that too repeatedly.
◈ As for repentance, the reality is that even after repenting, he continued to relapse into his old sinful habit.
Therefore, if such a person were to submit himself to an Islamic court and have the prescribed punishment (rajm or execution) carried out upon him, then your question would not even arise, because:
◈ Once he is lawfully executed under Shariʿah,
◈ The issue of his marital relationship with his wife would automatically come to an end.
ھذا ما عندي والله أعلم بالصواب
