A Man’s Confession as Grounds for Prohibition by Affinity

Question

A man is accused of having committed zina (fornication) with his own daughter, but there is no proof of it from anywhere as to whether it is true or false. Witness (1): this man’s wife says: “I saw my husband’s member erect, and I suspected that he had come after committing zina.” Witness (2): the girl, aged 9 years; her statement is: “It is all a lie, nothing happened.

Answer

Whatever the woman states is not at all sufficient to prove zina, but the man’s confession will be sufficient for the prohibition (hurma); that is, he confessed before two religious scholars, and they testify that he confessed that he had committed zina with his daughter. Because of this, his wife, i.e.

Source: Fatawa Mahmudiyya

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