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Posted Online on Wednesday 6, July 2005 17:05 IST
Revised Friday 8, July 2005 02:40 IST

Text of the Question and fatwa on Imrana

Scanned copy of fatwa

Question:
In Charthawal town of Muzaffarnagar district, a married woman was raped by her real father-in-law. When this incident was made public by this woman, the village panchayat decided that under such condition the woman has got divorced and now this the woman, who was the wife of rapist’s son, has now become the wife of the father-in-law; that she has become forbidden (haram) for her husband. The village panchayat has sent the woman to her parents’ house (maika). This woman has five children from her husband.

Now the question arises: if a married woman is raped by her real father-in-law, will her wifehood be changed, i.e., will she no longer remain the wife of her husband or will she be considered as divorced and will she become haram for her husband? If it is so, will she be married anew to her rapist father-in-law? And whose children will those five existing children be considered? Will these children be considered brothers and sisters of their father? 

Such types of questions are making rounds and are being discussed in that area. In the absence of any clear Shar’i command or explanation, a great sense of uncertainly is prevailing in the locality. There are also a lot of misunderstandings and misreportings in the media. Ulama and Muftis are therefore requested to give their opinions and clarifications in this matter. 

Mohammad Ashraf Usmani
Rashtriya Sahara (Urdu) 

 

Bismillahir Rahmanir Raheem 
The answer with the help of Allah
If someone has committed adultery with the wife of his son, and if this has been proved by the depositions of witnesses or if his son confirms it or if the woman herself admits and confirms it, the wife of the son becomes haram forever for the son. If the father copulates with a woman either legally after marriage, or illegally without marriage, in both cases it becomes haram for a man [son] to keep her her in his marriage.

If is mentioned in the Qur’an ‘wa la tankihoo ma nakaha aaba-o-kum’ [“And marry not women whom your fathers married” -- Qur’an, 4:22], i.e., the son should separate himself from his wife and never go to her. The contention of the panchayat people that the wife of the son has now become wife of the father and her wifehood has changed is not correct, or to say that the wife of the son is divorced is also not correct. Neither she can be married to her father-in-law. All the five children are legitimate children of their real parents. They will be considered grandsons and granddaughters of their father’s father and not brothers and sisters of their father. The people of the village, because of their ignorance, have wrongly interpreted Quranic injunctions and have given a wrong judgment. It is probably because of wrong interpretation and judgement that various types of controversial questions are being raised which are disturbing people’s minds.

Habibur Rahman, Mufti, Darul Uloom, Deoband 
The answer is correct: [Muftis] Kafilur Rahman and Muhammad Zafiruddin

[Translation ends]

 

Read Also:

- Imrana case: Rape by Media

:: Imrana on video - no rape

- Muslim Political Council's report on the Imrana episode

- Statements on Imrana case

- "Deoband Fatwa"

 

 

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