A Muslim Lady was Raped by her Father-in-Law. Fatwa given that She was Haraam for her husband.

A Muslim Lady was Raped by her Father-in-Law. Fatwa given that She was Haraam for her husband. – Dr Zakir Naik

MIWPQA-18

Questioner: Assalamu Alaikum! My name is Shahid Khan and I’m a student. Ah.. first of all I’d like to congratulate Dr. Zakir Naik because not only the Muslims but everyone here is actually proud of you. So basically my question is recently in the Indian news channel there was a case like the daughter in law was raped by her father in law and it was a Muslim. So basically the Maulvis gave it like that she has to marry her father in law. And her husband is no more her husband. Do you have your say on that?

Dr. Naik: The brother again has picked up a very important issue of the media and people may be aware that a few months back there was girl by the name of Imrana, she was raped by her father in law and the Fatwa was given by the majority of the Indian scholar Aulmas and one Darul Uloom gave the Fatwa that because she was raped by the father in law she cannot go back to her husband she is haraam for her husband. Now the moment the media finds something which is interesting & that can malign Islam they pick it up and they blow it out of proportion as though there is nothing else in Islam but this issue.

So the Indian press what they did, most of the channels carried this news that the Aulmaas, the Shuyookhs, the Maulanas of Islam they say a girl, she’s raped by the father in law, she’s a victim but what does Islam say instead of supporting her now Islam is telling that she cannot go back to her husband, she’s Haraam for her husband. And they used this news and they blew it out of proportion even till this day today. Again, I always say that if you don’t know how to answer the media the people should be trained. And later on after a few weeks there were some other Muslim scholars they said no, no, no, she’s not Haraam for her husband she can go to her husband. Whoever has given Fatwa that she is Haraam for her husband is wrong. We are fighting like cats & dogs in front of the non Muslims. We are washing our dirty linen in public.

The joke is that both the groups of scholars are quoting the same verse of the Qur’an to give their Fatwa. The group of scholars which says that she is haraam for the husband.

They’re quoting a verse from the Qur’an Surah Nisa ch. No. 4 verse no. 22 which says that

“you cannot do Nikah with the woman who your father has done Nikah with”.

Now in Arabic nikah has got 2 meanings one meaning is marriage & the other meaning is sexual intercourse. And you ask any Arab who’s well verse with Arabic, he’ll tell you yes. Nikah has got 2 meanings one is marriage & other is sexual intercourse.

Now this first group of scholars which are in majority belonging to a group of Darul Uloom they take the meaning of Nikah as sexual inter course. So if you take the Nikah as sexual inter course the verse of the Qur’an says that you cannot have sexual intercourse with your sister, you cannot have sexual intercourse with your paternal aunty, with your maternal aunty, and you cannot have sexual intercourse with that woman who has had sexual intercourse with your father. So based on this they say that father did sexual intercourse with the woman now that woman cannot do sexual intercourse with the son therefore the husband becomes haraam…

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