Message No : 18Sr.No : 278/724
Question By : Razi Raziuddin

Dear Maulana Qasmi saheb,

ASAK,

Since long I have lost touch with you.I hope everything is fine with you.I
keep on seeing your net's e-mails though. Recently somebody also forwarded
me your one letter in Hindustan Times in response to Yogi Sikand's article.I
believe your response was quite appropriate.

In recent days there is a lot of news and publicity about one case: that of
Imrana's rape.

We are getting a lot of postings and news that the Deoband has issued a
Fatwa which has created 'outcries' and what not. Is it true or not, as we
are getting conflicting stories.

We are only reading one side of the story. What really is the stand of
Deobandi school of thoughts? What does the Hanafi Fiqah says in support of
the Fatwa?

I would like to get your input, so that I can post it on out net.Please be
very precise, very transparent.Regards and thanks.

wa-as-salam,

 

Reply By : Mohd. Shihabuddin Qasmi
Designation : Mufti, ODI, MMERC, Mumbai 

Wa Alaikumussalam
Dear Brother in Islam
The answer to your question is as follows:
Before proving the Fatwa in the light of the Glorious Quran, I would like to inform you that the case was not filled in Darul Ifta of Darul Uloom Deoband by Imrana or her father-in-law themselves, but reporters brought the case to Darul Ifta and asked the Fatwa of Ulama in regard.
The Fatwa goes like, If the case is proved by admitting or witnesses, Imrana will be Haraam for her husband. (Al-Fatawa Al-Hindiah: 1/274)
The Fatwa is based on the verse of the Glorious where Allah Subhanahu Wa Tala says,

"?? ?????? ?? ?? ??????? ???? ????? ???? ?? T? Y ?????? ??? Y???e ??T? ?? ??"e

(Suratun-Nisa: 4/22)
The verse states that a person is not permitted to marry a woman whom his father has married. It also indicates that a man is not allowed to cohabit with a woman whom his father has had sexual intercourse. This is because, the word Nakaha is also used for Watee (sexual intercourse) in numerous places in the books of Ahadith as well as in Arabic poetries. The word Nikah used for Watee in the following Hadith:
t" ???? ?? ? ?t.t ???? ????? ? ???t.t ???? ??? ? ?t.t ???? ?? ? ??? ?? ???? ?????? ?D? ?? ???? Y??? ? ?????? ?? ????? Y ??t.t Y? ??? ?? ? ?? ? ?? ?? ? ?? ? ??t.t Y?? ?? ?t:tt{t????? ? ??? T ?? ?D Y??? ??? Y ??? ? ??? ??t}t t[t2/?T?/ ?? 222t]t YT? ?? ?? ? ?? ? ?? t"t????? ? ? ?? ????t"t Y? D? ???? YT???t:t ?? ?? ?D? ?? ?? ? ?? ????? ??? ?? ??Y?? Y?t.t Y? ?? ? ?? ??? ? ?? YT??t:t ? ?? ??t!t ?? ???? T?t:t ?D? ??D?t.t Y? t[t?Y?t?tt?tt]t ?????t?t Y?? ?? ?? ?? ? ?? ? ?? ??? ?? T? ?? ???t.t Y??? Y?T??? ?? ?? ? ? ?? ? ?? ? ??t.t Y?? Y ???????t.t YT????t.t Y?Y? ?? ? ? ???t.t
Translation
Thabit narrated it from Anas: Among the Jews, when a woman menstruated, they did not dine with her, nor did they live with them in their houses; so the Companions of the Apostle (may peace be upon him) asked The Apostle (may peace be upon him), and Allah, the Exalted revealed:" And they ask you about menstruation; say it is a pollution, so keep away from woman during menstruation" to the end (Quran, ii. 222). The Messenger of Allah (may peace be upon him) said: Do everything except intercourse. The Jews heard of that and said: This man does not want to leave anything we do without opposing us in it. Usaid bin. Hudair and Abbad bin. Bishr came and said: Messenger of Allah, the Jews say such and such thing. We should not have, therefore, any contact with them (as the Jews do). The face of the Messenger of Allah (way peace be upon him) underwent such a change that we thought he was angry with them, but when they went out, they happened to receive a gift of milk which was sent to the Apostle of Allah (may peace be upon him). He (the Hol

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