◇◇◇◇◇◇◇◇◇◇◇◇◇◇◇◇◇◇◇
السلام عليكم و رحمة الله و بركاته
W.R.T the news which is viral online: Muslim Cleric says man can marry his own daughter.
(as it appeared in The Deccan Chronicle’s online web page,and it was copied from dailymail.co.uk).
Alhamdulillah,was Salatu was Salamu Ala Rasoolillah.
There are many things which need to be understood here:
1.Did the Shaikh (from Al-Azhar) say like that? How did many of the Muslims fall for the news without confirming it?Did you see any video (atleast on YouTube etc.) where the Shaikh said so?
Don’t you know that the Non-Muslim media has always preyed on the gullibility of the non-Muslim masses to defame Islam using false news and Fatawa!?
Have you forgotten the message of The Quran-
O you who believe! If a rebellious evil person comes to you with a news, verify it, lest you harm people in ignorance, and afterwards you become regretful to what you have done.(Quran 49:6)
If you forwarded it believing it was true without confirming it-
It was narrated that Hafs ibn ‘Aasim said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “It is enough lying for a man to speak of everything that he hears.” Narrated by Muslim in al-Muqaddimah, 6; Saheeh al-Jaami, 4482.
2.Did he quote it as his own new opinion or did he copy a predecessor?
As the article claims,the said Imam copied it from Imam Ash-Shafi Rahimahullah.
It is also possible having Husn-Adh-Dhann (positive thought) that perhaps the said Imam was teaching an opinion of Fiqh and he had to discuss it.
So if Imam Ash-Shafii really said that,(and even if we agree that the opinion is wrong),where is our respect for differing Fiqh opinions.
If you are mocking him for copying Imam Ash-Shafi,then you’re mocking Imam Ash-Shafii.And Imam Ash-Shafi must have reached that opinion after an Ijtihad (striving),which even if wrong is rewarded.
Amr ibn Al-As reported: The Messenger of Allah, peace and blessings be upon him, said, “If a judge makes a ruling, striving to apply his reasoning (ijtihad) and he is correct, then he will have two rewards. If a judge makes a ruling, striving to apply his reasoning and he is mistaken, then he will have one reward.”
Source: Ṣaḥīḥ al-Bukhārī 6919, Ṣaḥīḥ Muslim 1716
Based on the Hadith above, we forgive the Ulama of Ahlus Sunnah for their mistakes of Fiqh.Perhaps if the said Egyptian Imam also feels that Imam Ash-Shafi was correct here then that’s his Ijtihad.
Remember that the said Egyptian Imam is teaching in The Al-Azhar University where you’re taught basics of all the four(or more) Madhabs.
3.What was the Fatwa actually?
The Egyptian Imam said that,according to Imam Ash-Shafi,if a man had a daughter through Zina (illegal sexual intercourse) then he may marry that girl as she is not his daughter via a Halal Nikah,because according to a Hadith,children born out of Nikah aren’t attributed to their biological fathers.
Perhaps Imam Ash-Shafi said so because the Prophet (blessings and peace of Allah be upon him) said:
“The child is to be attributed to the bed (i.e., to the husband) and the adulterer deserves nothing.” (Bukhari and Muslim)
The relevant point here is that the Prophet (blessings and peace of Allah be upon him) did not describe the child as belonging to anyone other than the bed (i.e., the husband), and he said that the adulterer did not deserve anything at all.
***The media twisted the Fatwa saying that the Imam said that ‘a man may marry his own daughter’ which is a slander upon the Imam.Remember that a daughter via Zina is not similar to the daughter via Nikah.The daughter via Zina doesn’t take her biological father’s name or her biological father’s property.
4. Is it right to mock the Salafis as the article says that the Egyptian Imam is a Salafi?
A Muslim who can any level of Islamic knowledge and etiquette will not mock issues of Fiqh.
And if you really want to mock and joke about him because he is a Salafi,mock Imam Ash-Shafi Rahimahullah as he is the one who actually gave the original Fatwa and he is the Imam of the Muslimeen.
5.Can we say that perhaps the Imam is not a Muslim at all?
Beware,if the Imam made a mistke in Fiqh out of sincerity,he may as well be rewarded or if he was insincere he may be a Fasiq (sinner) at most.
But if you call him a Kafir then-
Imam Bukhari related in his Sahih v. 4, p. 124 #6103, 6104 on the authority of Ibn ‘Umar and Abu Hurayrah that the Prophet Muhammad (sallaAllahu alayhie wa sallam) said, “If a man says to his brother, ‘O kafir,’ then it returns to one of them.”
Note: To label a Muslim as a Kafir,you have to prove that he has comitted an act of Major Shirk or Kufr and he is not agreeing to the proofs against him.This is done by The Senior Ulama and not laymen.
6.Why did the Kuffar share this news?
It is not strange that the western disbelievers(as the article was copied from dailymail.co.uk),who are known to do Zina with their own daughters and sisters in their lives are worried so much about Islam and the Muslims.
They’re more worried about the spread of Islam amongst the westerners,hence they share such Fatwas to make them despise Islam.
7.What should I as a Muslim do?
Respectfully reject this Fatawa and refer back to The Quran and The Sunnah.
“(And) if you differ in anything amongst yourselves, refer it to Allaah and His Messenger, if you believe in Allaah and in the Last Day. That is better and more suitable for final determination”[al-Nisa’ 4:59]
Whenever you find a news spreading such things refer to your local senior Ulama and don’t take the matter into your own hands.
“So ask the people of the Reminder(Ahludh-Dhikr) if you do not know”
[al-Anbiya’ 21:43]
8. What is The Islamic position on a man marrying his illegitimate daughter?
Ibn Qudaamah (may Allaah have mercy on him) said:
It is haraam for a man to marry his illegitimate daughter, or his illegitimate sister, or his (illegitimate) son’s daughter, or his daughter’s daughter, or his brother’s daughter, or his sister who is illegitimate. This is the view of most of the fuqaha’. End quote.
Al-Mughni (7/485).
Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) was asked about an illegitimate daughter –can she marry her father?
He replied:
Praise be to Allaah. The view of the majority of scholars is that it is not permissible to marry her. This is definitely the correct view. End quote.
Majmoo’ al-Fataawa (32/134).
***This is also the position of The Salafis that it is impermissible to marry an illegitimate daughter.
*May Allah guide us to all that is good and protect us from falling into falsehood and lies.*
-Abu Muaaz Mohammed Manna Mangalore(Date: 4th Dec 2017)
* Bibliography:
Have taken a lot of imputs from Islamqa.com.*
Saheehus-Seerah 