What is the ruling in Islamic law regarding a father who committed zina with his daughter and she bore a child from him?
Machine translationRead the Arabic original
The phone is ringing.
The Shaykh : Yes.
The questioner : Peace be upon you
The Shaykh : And upon you be peace
The questioner : The Shaykh : Al-Albani
The Shaykh: Yes
The questioner : Peace be upon you
The Shaykh : And upon you be peace
The questioner : O Shaykh.
The Shaykh : Yes.
The questioner : There is a question regarding a very serious case, Shaykh. There is a father in a family of about 14 members who has a piece of land used for farming, located about 40 kilometers from the city where he lives. He had a daughter who used to go to that place to work there. A crime occurred between them; he committed zina with her. After this matter was discovered and the family thoroughly investigated it, and with the girl's confession, they went to the police and contacted him. What is the ruling on this matter in Islamic law? The law judges by other than what Allah has revealed. What is her ruling? And what should the eldest brother do? He is confused.
The Shaykh : Who committed zina with her?
The questioner : Her father.
The Shaykh : Her father.
The questioner : Yes.
The Shaykh: Allahu Akbar.
The questioner : His daughter.
The Shaykh : I understand.
The questioner : And he fathered a daughter from her.
The Shaykh : Okay, what is the question now?
The questioner : What is the ruling on this matter in Islamic law?
The Shaykh : What does knowing the ruling benefit you when there is no one to enforce this ruling?
The questioner : May Allah reward you.
The Shaykh : The ruling is that he should be killed.
The questioner : And what is the ruling for the girl?
The Shaykh : The ruling for the girl, if she was willing, is that she is a fornicator, and if there were a Sharia ruling [to be applied], she would be flogged. And if...
The questioner : May Allah reward you. And what should the eldest brother do now?
The Shaykh : He owes nothing, because the implementation of hudud is not for individuals.
The questioner : I mean, should he take on the responsibility for this family, meaning to manage their affairs, since their father is now in prison?
The Shaykh : How old is the brother?
The questioner : 22 years old.
The Shaykh : And the girl?
The questioner : About 16 years old.
The Shaykh : Allah is the Greatest. And the father?
The questioner : 55 years old.
The Shaykh : Is the father in prison now?
The questioner : The government took him. I asked you about the Sharia ruling, not for it to be applied, but to know the magnitude of this matter in the sight of Allah, the Exalted.
The Shaykh : Yes, okay. I have understood the Sharia ruling regarding the fornicating father and regarding the girl with whom zina was committed. If she was willing, her ruling is to be flogged, and if she was coerced, she owes nothing. As for the child in her womb, he is a child of zina. How much time has passed since the incident?
The questioner : O Shaykh.
The Shaykh : How much time has passed since the incident?
The questioner : O Shaykh.
The Shaykh : How much time has passed since the incident? There is no power nor strength except by Allah.
The questioner : Yes, O our Shaykh.
The Shaykh : How much time has passed since the incident?
The questioner : Shaykh, the incident of zina or the birth?
The Shaykh : Did she give birth?
The questioner : Yes.
The Shaykh : Ah, okay, the matter is over. So this is a child of zina. As for her brother, he must know whether the girl committed zina willingly or was coerced by her father. If she was coerced, he should be gentle with her.
The questioner : I cannot hear.
The Shaykh : And what can I do for you, people?
May Allah have mercy on us.
The Shaykh : Yes.
The questioner : Peace be upon you
The Shaykh : And upon you be peace
The questioner : The Shaykh : Al-Albani
The Shaykh: Yes
The questioner : Peace be upon you
The Shaykh : And upon you be peace
The questioner : O Shaykh.
The Shaykh : Yes.
The questioner : There is a question regarding a very serious case, Shaykh. There is a father in a family of about 14 members who has a piece of land used for farming, located about 40 kilometers from the city where he lives. He had a daughter who used to go to that place to work there. A crime occurred between them; he committed zina with her. After this matter was discovered and the family thoroughly investigated it, and with the girl's confession, they went to the police and contacted him. What is the ruling on this matter in Islamic law? The law judges by other than what Allah has revealed. What is her ruling? And what should the eldest brother do? He is confused.
The Shaykh : Who committed zina with her?
The questioner : Her father.
The Shaykh : Her father.
The questioner : Yes.
The Shaykh: Allahu Akbar.
The questioner : His daughter.
The Shaykh : I understand.
The questioner : And he fathered a daughter from her.
The Shaykh : Okay, what is the question now?
The questioner : What is the ruling on this matter in Islamic law?
The Shaykh : What does knowing the ruling benefit you when there is no one to enforce this ruling?
The questioner : May Allah reward you.
The Shaykh : The ruling is that he should be killed.
The questioner : And what is the ruling for the girl?
The Shaykh : The ruling for the girl, if she was willing, is that she is a fornicator, and if there were a Sharia ruling [to be applied], she would be flogged. And if...
The questioner : May Allah reward you. And what should the eldest brother do now?
The Shaykh : He owes nothing, because the implementation of hudud is not for individuals.
The questioner : I mean, should he take on the responsibility for this family, meaning to manage their affairs, since their father is now in prison?
The Shaykh : How old is the brother?
The questioner : 22 years old.
The Shaykh : And the girl?
The questioner : About 16 years old.
The Shaykh : Allah is the Greatest. And the father?
The questioner : 55 years old.
The Shaykh : Is the father in prison now?
The questioner : The government took him. I asked you about the Sharia ruling, not for it to be applied, but to know the magnitude of this matter in the sight of Allah, the Exalted.
The Shaykh : Yes, okay. I have understood the Sharia ruling regarding the fornicating father and regarding the girl with whom zina was committed. If she was willing, her ruling is to be flogged, and if she was coerced, she owes nothing. As for the child in her womb, he is a child of zina. How much time has passed since the incident?
The questioner : O Shaykh.
The Shaykh : How much time has passed since the incident?
The questioner : O Shaykh.
The Shaykh : How much time has passed since the incident? There is no power nor strength except by Allah.
The questioner : Yes, O our Shaykh.
The Shaykh : How much time has passed since the incident?
The questioner : Shaykh, the incident of zina or the birth?
The Shaykh : Did she give birth?
The questioner : Yes.
The Shaykh : Ah, okay, the matter is over. So this is a child of zina. As for her brother, he must know whether the girl committed zina willingly or was coerced by her father. If she was coerced, he should be gentle with her.
The questioner : I cannot hear.
The Shaykh : And what can I do for you, people?
May Allah have mercy on us.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.