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I have a friend who is 23 years old and when she was about 6 or 7 years old a friend of her father had illegal sexual relationship with her mother. However, she didnt knew and now she was in love with him.

Her father's friend didn't tell her about this and had nikah with her (friend's daughter).

Is their nikah valid?

The girl wants divorce after knowing the truth, however there nikah was in secret and no meher is paid.

What should they do?

  • Well if the wife wants divorce I think she should get it either by the will of her husband or by court, as anybody would understand that such a relationship would have a major Issue the past between the husband and the wife's mother! And if there was no mahr paid and the marriage was in secret we may have an other Issue: was this nikah valid? – Medi1Saif Apr 26 '16 at 7:52
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According to Shia View:

Sayyed sistani fatwa, there is no problem, but it's better to do that marriage

According to sunnah view:

Also there is no problem but better to leave.

Both prove the correct of the nikah that ALLAH explain in this Aya:

حرمت عليكم أمهاتكم وبناتكم وأخواتكم وعماتكم وخالاتكم وبنات الأخ وبنات الأخت وأمهاتكم اللاتي أرضعنكم وأخواتكم من الرضاعة وأمهات نسائكم وربائبكم اللاتي في حجوركم من نسائكم اللاتي دخلتم بهن فإن لم تكونوا دخلتم بهن فلا جناح عليكم وحلائل أبنائكم الذين من أصلابكم وأن تجمعوا بين الأختين إلا ما قد سلف إن الله كان غفورا رحيما

Prohibited to you [for marriage] are your mothers, your daughters, your sisters, your father's sisters, your mother's sisters, your brother's daughters, your sister's daughters, your [milk] mothers who nursed you, your sisters through nursing, your wives' mothers, and your step-daughters under your guardianship [born] of your wives unto whom you have gone in. But if you have not gone in unto them, there is no sin upon you. And [also prohibited are] the wives of your sons who are from your [own] loins, and that you take [in marriage] two sisters simultaneously, except for what has already occurred. Indeed, Allah is ever Forgiving and Merciful.

(4:23)

  • ` your wives' mothers, and your step-daughters under your guardianship [born]` of your wives unto whom you have gone in. doesnt this say that the daughter of woman u had sexual relationship with? – Anas Mar 27 '14 at 9:48
  • No this according to Islamic tafseer for both sects shia and sunnah means wives only. So one can't marry the daughter of his wife who have married in a legal way, but he can still do with women's daughter having illegal relation before. – Maythux Mar 27 '14 at 9:51
  • i asked a molvi and he gave the same reference u did and just said that the nikah is nullified as by this verse. the same reason i gave you were his words. he said if he had sex with his mother then she is like a daughter to him..... :/ – Anas Mar 27 '14 at 10:00
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    This is true only in case of legitimate Islamic marriage and not true in case of fornicate(zinna). If you know Arabic then read the links above. I've searched so much all Islamic sects have the same fatwa – Maythux Mar 27 '14 at 10:13
  • I think this answer is pretty well, but you should say that, technically such a marriage is allowed, but not recommended by any scholar because of the former sinful relationship to the mother! – Medi1Saif Apr 26 '16 at 7:49
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From the Quran we can know which relations are forbidden to be married:

Prohibited to you [for marriage] are your mothers, your daughters, your sisters, your father's sisters, your mother's sisters, your brother's daughters, your sister's daughters, your [milk] mothers who nursed you, your sisters through nursing, your wives' mothers, and your step-daughters under your guardianship [born] of your wives unto whom you have gone in. But if you have not gone in unto them, there is no sin upon you. And [also prohibited are] the wives of your sons who are from your [own] loins, and that you take [in marriage] two sisters simultaneously, except for what has already occurred. Indeed, Allah is ever Forgiving and Merciful. 4:23 And [also prohibited to you are all] married women except those your right hands possess. [This is] the decree of Allah upon you. And lawful to you are [all others] beyond these, [provided] that you seek them [in marriage] with [gifts from] your property, desiring chastity, not unlawful sexual intercourse. So for whatever you enjoy [of marriage] from them, give them their due compensation as an obligation. And there is no blame upon you for what you mutually agree to beyond the obligation. Indeed, Allah is ever Knowing and Wise. 4:24

Assuming that the conditions of the nikah were fulfilled (mahar paid, free will, witnesses, read by a muslim, not done in secret) this nikah is valid.

As to the question of "what they should do"; this is a question between the husband and wife (the couple that had the nikah). From Islamic standpoint the marriage is valid.

  • the girl wants divorce after knowing the truth, however there nikah was in secret and no meher is paid – Anas Mar 27 '14 at 9:49
  • You should post this as part of the question as its important and relevant. Either way, there is nothing stopping her from asking for a divorce. – Burhan Khalid Mar 27 '14 at 11:40
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Only 6236

The end of 4:23 doesn't justify his actions. The part it say what has happened is talking about people who did that before this part of Quran was revealed. You were tricked into doing something that's unlawful, even if you didn't know, your mother and your husband didn't tell you that information and Allah knows that. That is clearly haram in the Holly Quran and I can't believe how can anyone say 4:23 justifies it, your mother and your husband are Muslims and they knew it's haram, Now when you know the truth the question is will you stop with that haram practice, while you didn't know about it the mistake wasn't yours but now when you do know if you keep him as a husband them that choice is yours and knowingly this time you'll do haram things.

Quran was revealed more than 1300 years ago and if anyone tries to use 4:23 to justify this transgression of your husband, they would be very wrong.

Quran is clear, Allah knows best why that is haram.

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