Back to search
The question

Did Imam Abu Hanifa issue a fatwa permitting marriage to maharim, and what is the refutation of this misconception if it is untrue?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Imam Abu Hanifa did not say that it is permissible to marry maharim (unmarriageable kin), and far be it from him to say such a thing. However, he held that whoever marries a woman unlawful to him and has sexual intercourse with her, is not subject to the hadd (prescribed punishment) for zina (unlawful sexual intercourse); due to the شبهة (semblance/doubt) of a marriage contract. However, he is subject to a severe ta'zir (discretionary punishment). The majority of scholars differed with him on this, obligating the hadd upon such a person, because the contract is invalid by consensus.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
5754
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy