Does this nullify the Nikaah?

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Mufti Saheb

Please can you direct me to someone that may be able to provide advise or confirmation on the question below, I have to give advise and guidance to the way forward –

– A step father has sexual intercourse with his step daughter, does this nullify the nikaah that the step father has with his wife ie step daughter’s mother
– If it is not invalid, does another nikaah need to be performed to rectify
– Any other ruling?

Please provide some reference for further reading etc as well

Answer

Muhtaram / Muhtaramah

In the Name of Allāh, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāh wa-barakātuh.

Unfortunately the marriage between the step father and his wife (i.e. the step daughter’s mother) is nullified. He cannot remarry her anymore, as his marriage with her has permanently terminated.

This is a common ruling mentioned in the manuals of Fiqh, such as al- Hidaya, authored by al- Marghinani (rahimahullah), in the chapter of marriage.

And Allah Ta’ala Knows Best

Darul Ifta, Madrasah Inaamiyya,

The Sharée ruling herein given is specifically based on the question posed and should be read in conjunction with the question.

The Darul Ifta bears no responsibility to any party who may or may not act on this answer. The Darul Ifta being hereby exempted from loss or damage howsoever caused.

This answer may not be used as evidence in any Court of Law without prior written consent of the Darul Ifta.

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