Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

 

One of our brothers/sisters has asked this question:

why u don`t fear ALLAH and declare &strictly follow quran&sahee hadeeth.why don`t u take any ruling directly from quran&sahee hadeeth; i m refering to ur answer about imrana case.u also proved(i don`t know from which ayat or hadeeth) that if a father-in-law rapes,then that lady become haram to her husband.plz fear ALLAH & give decision according to quran&hadeeth rather than statement of any imam. 

 

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

 

Answer:

 

Imrana father in law rape

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person,  no grave, no prophet,  no imam,  no dai,  nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

Dear and beloved brother in Islam, we are re-sending you the article and ruling we had written on the case, whereby we held the opinion of the Shafei and Maliki school of thought that even if the father-in-law committed the evil abomination of rape with his son’s wife, the woman would remain lawful for the son as his wife, and the father-in-law be brought to justice and punished for his abomination of a crime.

 

We quote from our previous article:

And because in this specific case, the daughter-in-law was raped by her father-in-law, the opinion of Imam Shafei and Imam Malik would hold more weight whereby they state that the prohibition of marriage cannot be applied in cases of 'zina'; thus the woman would remain lawful for the son as his wife, and the father be brought to justice for his abomination and crime.

 

But because the majority of the believers in the Indian sub-continent are Hanafis, they have applied the opinion of the Hanafi school of thought; although in our humble opinion, Imam Malik's and Imam Shafei's opinion holds more weight in this specific case.  And Allah Alone Knows Best.

 

We sincerely apologize if our article was responsible for any misunderstanding or confusion; but under no circumstances did we condone the opine that if a father-in-law rapes his daughter-in-law, the woman becomes haraam or unlawful for his son.

 

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone.  Allah Alone Knows Best and He is the Only Source of Strength.

 

Your brother and well wisher in Islam,

 

 

Burhan