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أثر الزنا و ملحقاته في تحريم النكاح : دراسة فقهية مقارنة

المصدر: مجلة دار الإفتاء المصرية
الناشر: دار الافتاء المصرية
المؤلف الرئيسي: غازى، على على (مؤلف)
المجلد/العدد: ع 4
محكمة: نعم
الدولة: مصر
التاريخ الميلادي: 2010
التاريخ الهجري: 1431
الشهر: ابريل
الصفحات: 10 - 51
رقم MD: 166986
نوع المحتوى: بحوث ومقالات
قواعد المعلومات: IslamicInfo
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المستخلص: This paper addresses the effects of zina and associated factors in creating marriage prohibitions. It discusses several issues among which are: zina as grounds for creating barriers to marriage, the ruling for marrying one’s daughter born from zina, the ruling for the marriage of those guilty of zina, the zina committed by a married person as grounds for creating impediments to marriage, the ruling for impediments to marriage caused by nursing a child from the milk caused by an illegitimate pregnancy and birth. Moreover, the paper addresses factors associated to zina in regards to creating impediments to marriage; these include: 1- Homosexuality. 2- Lustful glances and touching. The paper presents the opinions maintained by the eight schools of Jurisprudence, namely the Hanafi, Maliki, Shafi’i, Hanbali, Zahiri, Zaydi, Umamiyyah and Ubaddiyah in regards to the issue in question. Additionally it presents the evidences they implement, their discussions and takes into account the most preponderant of the opinions based on evidence. The paper concludes the following: 1- Zina creates marriage prohibitions. A man or woman guilty of zina cannot marry any of the ancestors or descendants of his/her zina partner. Additionally, committing adultery with a wife’s sister, paternal or maternal aunt or with any woman among those who are unlawful to combine in marriage due to ties of affinity, leads to the prohibition of engaging in sexual intercourse with one’s wife until the end of the period prescribed for establishing that the adulteress is free of pregnancy. 2- lt is unlawful for a man to marry his daughter or nephew born of zina. 3- The paper emphasizes the fact that a Muslim man or woman is to choose a chaste marriage partner. It is permissible for a man to marry the woman with whom he committed zna as it is also permissible for him to engage in sexual intercourse with her (once they are married) whether or not she is pregnant from their unlawful relationship. If a woman is pregnant from zina with another man, it is impermissible for a man to marry her except after she gives birth. Otherwise, he must wait for one menstrual cycle to pass or one month if she does not menstruate to establish that she is not pregnant. 4- Zina committed by either spouse does not entail annulment of marriage. 5- Nursing due to a birth resulting from zina does not create impediments to marriage except for the nursing female. 6- Sodomy performed on a man or woman other than one’s wife does not create an impediment to marriage. 7- Lustful touching (without a barrier) and looking at private parts do not create impediments to marriage between a mans and a woman’s ancestors or descendants.

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