[WhonyGataxott]

Assalamu alaikum

Is it true that Imam Shafii allowed man to get married his own girl who was born from adultery?

[Clilmence]

Yes that is true. I am sure our Shafi'i brothers will post soon the proofs and quotes from their scholars, showing that there is nothing wrong in following this opinion, just like how they do when it comes to the issue of shaving the beard being only makruh.

[soSldI4i]

^

As a very brief reason that I read from another forum, it is because there is no connection between this girl and the father due to the way the girl was born, and they are considered as strangers to each other. Proofs, corrections and explanations for this can be brought by the knowledgeable brothers Insha Allah.

[NvrNoNowX]

Yes it is accepted for one to marry in such case, as in the view of Imam Shafee, as there is no legal relation and none except legal relation ties one on bounds, however Imam Abu Hanifa's opinion is different in this case.

[WhonyGataxott]

As a very brief reason that I read from another forum, Brother,can you put the link of that forum?

[RlUbQU3R]

As Salamu alaikum,

In Principles of Islamic Jurisprudence, Muhammad Hashim Kamali states:

An example of the zanni in the Qur’an is the text which reads, 'Prohibited to you are your mothers and
your daughters' (al-Nisa 4:23). The text is definitive in regard to the prohibition of marriage with one’s
mother and daughter and there is no disagreement on this point. However, the word banatukum ('your
daughters') could be taken for its literal meaning, which would be a female child born to a person either
through marriage or through zina, or for its juridical meaning. In the latter sense 'banatukum' can only
mean a legitimate daughter.

The jurists are in disagreement as to which of these meanings should be read into the text. The Hanafis
have upheld the first of the two meanings and have ruled on the prohibition of marriage to one's
illegitimate daughter, whereas the Shafi'is have upheld the second. According to this interpretation,
marriage with one's illegitimate daughter is not forbidden as the text only refers to a daughter through
marriage. It would follow from this that the illegitimate daughter has no right to inheritance, and the
rules of guardianship and custody would not apply to her. (28-29)

[Arbinknit]

If an illegitimate child has no rights of inheritance or guardianship, then who is responsible for taking care of him/her? I don't mean to sound argumentative, I'm just curious.

[elapicearpisp]

Yes that is true. I am sure our Shafi'i brothers will post soon the proofs and quotes from their scholars, showing that there is nothing wrong in following this opinion, just like how they do when it comes to the issue of shaving the beard being only makruh.

And your problem is?

[HcMkOKiz]

Yes that is true. I am sure our Shafi'i brothers will post soon the proofs and quotes from their scholars, showing that there is nothing wrong in following this opinion, just like how they do when it comes to the issue of shaving the beard being only makruh.

I'm sure you didn't mean it but your tone sounds somewhat inappropriate here.

[GDRussiayear]

Isnt this issue limited to fiqh books only rather than being a practical situation in the real world?

[truck]

Isnt this issue limited to fiqh books only rather than being a practical situation in the real world?

Why? Zina do happens, so the issue of the biological father of his illegitimate daughter being allowed or not to marry her isn't just a farfetched hypothesis..

[MadMark]

If an illegitimate child has no rights of inheritance or guardianship, then who is responsible for taking care of him/her? I don't mean to sound argumentative, I'm just curious.

Preservation of Lineage - Hamza Yusuf
http://www.youtube.com/watch?v=cKjRK7tjSNo

[golfmenorca]

I'm sure you didn't mean it but your tone sounds somewhat inappropriate here.

Agree there.

[vNGiDaFX]

i remember speaking about this to my teacher & he said yes its permisable but not advisable. however if the man were to marry the mother later on then daughter, his daughter from zina would then become haraam for him. he is still responsible for providing for the child even though she/he will never belong to him.