Marrying the Daughter of a Woman with Whom Zina Was Committed

Question

Dilruba, the daughter of a certain ‘Abd al-Wahid, was married 7–8 years ago to his own nephew (brother’s son), ‘Abd al-Rashid Khan, and for about a year and a half the girl has not gone to her husband’s home, on the grounds that ‘Abd al-Rashid taunted her: “I kept your mother as my wife.” It has been confirmed that ‘Abd al-Rashid Khan had an unlawful relationship with his mother-in-law, that is, his paternal uncle’s wife.

Answer

If ‘Abd al-Rashid admits that he committed zina with Dilruba’s mother, then his nikah with Dilruba was not valid. This nikah is batil (void). There is no need to have him give a talaq.

Source: Fatawa Mahmudiyya

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