Islamic Law Allows A Man To Marry His Daughter?

Islamic Law Allows A Man To Marry His Daughter?

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You may find this hard to believe and I know Muslims will find it hard to believe that Allah in the Qur’an has violated the condemnation of incest. Let’s look at verse 4:23 24 which lists the categories of women that a Muslim man may not marry.

004.023 (Yusuf Ali): Prohibited to you (For marriage) are:- Your mothers, daughters, sisters; father’s sisters, Mother’s sisters; brother’s daughters, sister’s daughters; foster-mothers (Who gave you suck), foster-sisters; your wives’ mothers; your step-daughters under your guardianship, born of your wives to whom ye have gone in,- no prohibition if ye have not gone in;- (Those who have been) wives of your sons proceeding from your loins; and two sisters in wedlock at one and the same time, except for what is past; for Allah is Oft-forgiving, Most Merciful;-

You would conclude that verse 4:23 specifically prohibits a man from marrying his biological daughter. However, this may not be so. Hashim Kamali, one of the most eminent scholars of Islamic Jurisprudence and currently the Professor of Islamic Law and Jurisprudence at International Islamic University Malaysia writes:

“An example of the zanni in the Qur’an is the text which reads, ‘prohibited to you are your mothers and your daughters’ (al Nisa’ 4:23). The text is definitive in regard to the prohibition of marriage with one’s mother and daughter and there is no disagreement on this point. However, the word banatakum (‘your daughters’) could be taken for its literal meaning, which would be a female child born to a person either through marriage or through zina, or for its juridical meaning. In the latter sense ‘banatukum’ can only mean a legitimate daughter.

The jurists are in disagreement as to which of these meanings should be read into text. The Hanafis (one of the four schools of thought of religious jurisprudence within Sunni Islam.)  have upheld the first of the two meanings and have ruled on the prohibition of marriage to one’s illegitimate daughter.

However, the Shafis (another of the four schools of Islamic law in Sunni Islam) have upheld the second. According to this interpretation, marriage with one’s illegitimate daughter is not forbidden as the text only refers to a daughter through marriage. It would follow from this that the illegitimate daughter has no right to inheritance, and the rules of guardianship and custody would not apply to her. (Hashim Kamali, pp. 21 23)

Surah 25:54: It is He Who has created man from water: then has He established relationships of lineage and marriage: for thy Lord has power over all things. (Yusuf Ali)

Al-Qurtubi is one of Islam’s premiere commentators.  He wrote:

Lineage and relationship through marriage are two terms that describe the personal relationships that may exist between humans. Ibn Al-Arabi said, “Lineage is an expression referring to the mixture of fluids between a male and a female from a religious legal point of view.

However, if this union (between male and female) occurs through disobedience (fornication)then the resulting child is not considered a part of a person’s true lineage. That is why a daughter born from adultery is not mentioned in Allah’s saying, ‘Prohibited to you (for marriage) are: your mothers and daughters’ (Surah 4:23) because she is not considered a daughter according to the most authentic teaching of our (Islamic) scholars and the most authentic teaching of our religion

If there is no legal lineage then there is no legal relationship; for adultery does not prohibit (from marriage) the daughter of the mother (you committed adultery with) nor the mother of a woman (you committed adultery with). 

What is lawfully prohibited is not also prohibited due to sin,for Allah has bestowed lineage and relation through marriage upon His servants and greatly esteemed these relationships. Allah has also established laws identifying what is legal and what is prohibited, which are not equal to each other; therefore falsehood cannot be a part of these laws.”

So to translate, a daughter born out of an adulterous act with a woman you are not married to, is okay to marry.

Al-Fiqh Ala al Madahib al Arba’a, another scholar of Islam, confirmed this:

It is permissible for a man to marry his daughter who is born through adultery.”

The one (girl) who is born through adultery does not become mahram (an unmarriageable kin to her father) as the Shafiee say, because she is not considered as daughter since there is no inheritance between them.”

Let look at this again.  A sect of Islam allows a man to marry his daughter if she was born through adultery.  WTF?  It recognizes the fact she is his daughter, but it is okay to still marry?  What kind of idiotic, evil, immoral religion would allow this?  Only one!  One born of Satan.

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