As-Sunnah Vol. 2 Issue No. 5

 

The Controversy ...

The Deobandi Fatawa
A larger controversy emerged when a few high-ranking moulanas from Darul-Uloom Deoband issued a fatawa in this matter, the relevant portion of which is stated below;

‘If someone has committed adultery with the wife of his son, and if this has been proved by the depositions of witnesses, or if his son confirms it, or if the woman herself admits and confirms it, (then) the wife of the son becomes Haraam (forbidden) forever for the son. If the father copulates with a woman either legally after marriage, or illegally without marriage, in both cases, it becomes Haraam for a man [son] to keep her in his marriage.

It is mentioned in the Qur’aan, ‘wa la tankihoo ma nakaha aaba-o-kum’ [‘And marry not women whom your fathers married.’ (4): 22], i.e., the son should separate himself from his wife and never go to her…’ Habibur Rahman, Mufti, Darul-Uloom, Deoband.
This fatawa was also approved by [Muftis] Kafilur Rahman and Muhammad Zafiruddin.

This fatawa was in accordance with the known position of the Deobandis in similar cases, as mentioned in their well-accepted fatawa collection, Fatawa Rahimiyah.

‘Adultery does not cause divorce, but in certain cases the prohibition of matrimonial alliance (Masaaharah) is established by which the wife becomes unlawful to the husband forever. For example, (if) the woman indulges in adultery with her husband’s son, she will become unlawful forever for the husband but the marriage-bond will not break.’ [Fatawa-Rahimiyah (vol.2, Kitab at-Talaq, p.121)

This fatawa was based on Durr-e-Mukhtaar and Shami, (vol.2. P.386-7)]


Taken from As-Sunnah Newsletter - http://www.qsep.com

 

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