Introduction

Islam, as the religion followed by millions across the world, has a complex set of laws concerning incest and permissible marriages. This article aims to elucidate the stance of Sunni Islam on incestuous marriages and the nuances that arise in specific circumstances. We will delve into the rulings of two prominent Sunni madhabs (schools of jurisprudence) regarding the possibility of a man marrying his illegitimate daughter.

The Islamic Perspective on Incest

]

According to Islamic law, incest is generally prohibited. This prohibition stems from a combination of moral, social, and religious considerations. The belief in the sanctity of marriage and the avoidance of genetic disorders among others contribute to this prohibition. However, Islam’s legal system is founded on the Quran, the Sunnah (the sayings and actions of the Prophet Muhammad), and scholarly interpretation, which can lead to diverse rulings under different madhabs.

The Case of Illegitimate Marriage and Forced Marriage

The Quran and Hadith emphasize the prohibition of incest. Quran 24:3 clearly states that a man must marry the woman he has committed zina (adultery) with if she is pregnant by him. This implies that any children born out of illicit relations must be integrated into the family structure in a way that respects the sanctity of marriage and the family.

However, the situation becomes more complex when it involves the marriage of a man to his illegitimate daughter. This scenario challenges the conventional understanding of incest and raises questions about the permissibility of such marriages.

The Two Madhabs and Their Rulings

Two major madhabs, the Shafi'i and the Maliki, have distinct views on whether a man can marry his illegitimate daughter. This divergence highlights the diversity of scholarly interpretation and the application of Islamic law.

Shafi'i Madhab

The Shafi'i madhab, one of the four major Sunni madhabs, considers the marriage of a man to his illegitimate daughter as permissible. This ruling is based on the argument that the daughter, being born from illicit relations, is not considered part of the family lineage in the same way as a legitimate daughter. As such, the prohibition on marrying a close relative does not apply.

Maliki Madhab

Contrary to the Shafi'i madhab, the Maliki madhab maintains that a man cannot marry his illegitimate daughter. This view is based on the general prohibition against incest and the religious and social imperatives that necessitate the separation of certain family members.

Theological and Social Implications

The differing rulings of the two madhabs reflect broader theological and social implications. The Shafi'i madhab's permissive stance can be seen as an effort to integrate and rehabilitate a potentially marginalized family member, while the Maliki madhab's restrictive stance reflects a more conservative approach to maintaining family purity and social harmony.

Theological debates around this issue also highlight the importance of weighing individual circumstances against the broader framework of Islamic law. Scholars in the Shafi'i madhab might argue that the protection of the family unit and the potential for reconciliation and redemption through marriage takes precedence, whereas scholars in the Maliki madhab might prioritize the maintenance of family boundaries to prevent potential social and moral dilemmas.

Conclusion

The differing views on the permissibility of a man marrying his illegitimate daughter highlight the complexity and diversity within Islamic jurisprudence. While both madhabs agree on the general prohibition of incest, the specifics of the ruling vary based on interpretations and the underlying principles of each madhab.

Understanding these nuances is crucial for Muslims seeking clarity on such matters. It is important to consult with knowledgeable scholars and engage in reasoned debate to arrive at a comprehensive understanding of Islamic law and its application in different contexts.