❀ Effect of Zina with Mahārim on Marriage and Its Sharʿi Ruling ❀
Source: Ahkam wa Masail – Nikah ke Masail, Vol. 1, Page 322
❖ Question
① A man committed intercourse with his real daughter, while his wife (the mother of that girl) was present. What effect does this zina have on his marriage? If, due to this zina, the wife became divorced, then what is the procedure to take her back into the home again?
② A man committed intercourse with his real mother-in-law (his wife’s mother), while his wife was still present. What effect does this zina have on his marriage? If, due to this zina, the wife became divorced, then what is the way to take her back into the household?
❖ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu waṣ-salāmu ʿalā Rasūlillāh, Ammā Baʿd!
In both cases you have mentioned, the adulterer is married, as is clear from the wording of the question. And it is well-known that in Islam, the punishment (ḥadd) for a married adulterer is rajm (stoning to death).
As for the view of Imam Abū Ḥanīfah (رحمه الله تعالى), he stated:
"فَلاَ حَدَّ عَلَیْهِ"
Meaning: There is no ḥadd upon a person who contracts marriage with one of the permanently forbidden relations (maḥārim), such as mother, daughter, sister, etc., and then consummates it.
However, this opinion of Imam Abū Ḥanīfah is his specific view and does not apply to the cases you have mentioned in your questions.
Therefore, in both of these scenarios, the act of zina does affect the marriage. Due to the severity and impurity of such zina, if the wife chooses to separate from such a husband, this is Islamically understandable. If divorce has taken place, then in order to reconcile and rebuild the household, it will be necessary to conduct a new marriage contract (tajdīd al-nikāḥ) with the proper Sharʿi conditions of ʿiddah and mutual consent, provided no other Sharʿi restrictions prevent it.
ھٰذَا مَا عِنْدِي وَاللّٰهُ أَعْلَمُ بِالصَّوَاب
