The Difference Between Prohibition by Affinity and the Obligation of the Hadd for Zina

Question

Zayd and Hinda go before a certain ‘alim (scholar) and confess that they have committed zina — whether or not that ‘alim becomes an arbitrator (hakam) for the two of them. In the case described, is musahara (prohibition by affinity) established according to the Hanafis or not? That is, supposing zina is established, can Hinda’s mother or daughter be married to Zayd or not? A certain mufti says that zina is established in two ways. The first is that four upright (‘adl)

Answer

The ways of establishing zina that the questioner has cited are for the obligation of the hadd (the fixed punishment), because there is a command to avert the hadd on the basis of doubts: [ar]ادرؤوا الحدود ما استطعتم[/ar] “Avert the hadd punishments as far as you are able” (hadith). For establishing the prohibition by affinity (hurmat al-musahara)

Source: Fatawa Mahmudiyya

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