As-Sunnah Vol. 2 Issue No. 5

 

Imam Ibnul-Qayyim Explains, ‘Zina does not establish Hurmat al-Masaaharah’

Imam Ibnul-Qayyim Explains, ‘Zina does not establish Hurmat al-Masaaharah’

Shaikhul-Islam Ibnul-Qayyim (rahimahullah) writes in I’laam al Muwaqqieen, ‘The Rajeh (correct/preferred) opinion is that it (zina) does not cause it (the marriage) to be forbidden - as is the saying of Shafa’ee and Malik in one of the two narrations known from him – Because, the forbiddance (of marriage due to zina) requires proof, and there is no proof (of it) from the Book or the Sunnah or Ijma (consensus) or the correct Qiyas (analogy).(*2)

It is incorrect to make Qiyas (comparison) between zina (adultery) and nikah (legal marriage) because there are differences between the two. Allah has made the in-laws relationships (or the relationships established by marriage) part of lineage, and He has made it a blessing which He bestows on his slaves. So, both (types of relationships, i.e., lineage and in-law relationships) are His blessing and favor. Therefore, the in-laws relationship cannot be established due to Haraam (means, i.e. zina) or on its basis, just like lineage cannot be established from it (i.e. haraam means of zina).(*3) Moreover, lineage is the Asl (primary or fundamental relationship) and the (relation of the) in-laws is its branch. Thus, if zina (adultery) is not considered a proof in the Asl (i.e., the lineage), then how can it be considered (a proof) in the branch?

…Allah says in the Qur’aan, ‘Forbidden to you (for marriage) are the wives of your sons.’ How does the one, with whom the son commits zina, qualify to be his wife? She does not come under, ‘halaail’ either in the language or the Sharee’ah or in accordance with traditions.

[Explanation: The words used in the verse are, ‘halaail abnaaukum,’ meaning those women who have become Halaal for your sons through marriage. Whereas, Zina is Haraam and the woman with whom the son commits zina is Haraam for the son. Thus, if someone’s son commits zina (adultery), it will not be described as, ‘halaail abnaaukum’ and therefore, the sanctity of relationship will not be established]

Likewise is the command, ‘And marry not women whom your fathers married,’ – here again nikah (legal marriage) is mentioned and zina (adultery) is the opposite of nikah. The word nikah is never used in the Qur’aan to describe zina or in reference to physical relationship outside the bonds of marriage.’
[end of quote]

Footnotes:
*2:
Qiyas: Analogical deduction of Islamic law. New laws are deduced from earlier laws based on a similarity between their causes. [The Evolution of Fiqh]

*3: Ibn Qudamah said, ‘The scholars were unanimously agreed that if a child is born to one man’s wife, and another man claims it to be his child, the child is not to be attributed to the latter. The difference of opinion arises when a child is born outside of marriage.’ [End Quote]
This is in accordance with the Hadeeth, ‘The child is to be attributed to the husband and the adulterer deserves nothing.’ Thus, zina does not establish lineage.


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

 

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