Retracting a confession that entails prohibition by affinity

Question

Four years ago, Sabro Begum, the wife of Husain Khan, during the lifetime of her husband Husain, when Husain Khan had gone somewhere else to work as a labourer — Sabro Begum, in the presence of several peasant witnesses, brought a complaint against her brother-in-law (her husband’s brother) named Samu Khan before the qadi of the area and other respected people of the area, that her brother-in-law Samu Khan had that night laid hands on her, seized her and committed zina with her by force.

Answer

Since the woman made a complaint concerning her brother-in-law and confessed to zina, the prohibition of this brother-in-law’s children has been established with respect to her; now nikah with his son is not permissible. Her present statement that “I made a false complaint” is not acceptable with respect to this nikah. That a confession is a limited proof (hujja qasira)

Source: Fatawa Mahmudiyya

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