Since this approach has a basis in the Sacred Law, there is no objection to following it.
The Prophet’s statement, “The child belongs to the owner of the bed, and the fornicator receives the stone”: is this general, whether or not the owner of the bed claims the child, or is it restricted to the case where he does claim him? That is, if the woman who committed fornication has no husband, and the fornicator claims that the child is his, is the child attributed to him?
The majority hold that it is general, and that the fornicator has no right to the child who was created from his semen. Some scholars, however, maintain that this applies specifically where there is a dispute; that is, if the fornicator and the owner of the bed dispute over the child, we award him to the owner of the bed. But if no one contests the fornicator’s claim and he seeks to have the child legally attributed to himself, he may do so, and the child is attributed to him. This view is the stronger one, being consistent with reason and, upon reflection, with the Sacred Law as well.
“If the wife becomes separated from him, or dies after seclusion, they become permissible.”
His statement, “If the wife becomes separated from him, or dies after seclusion, they become permissible”: the passive pronoun in “they become permissible” refers to the wife’s daughters, her granddaughters through her daughters, and her granddaughters through her sons. Thus, if a man marries a woman and she becomes separated from him after he has been alone with her, but he has not had intercourse with her, her daughters, her daughters’ daughters, and her sons’ daughters become permissible for him to marry. This is because a condition for the permanent prohibition of a stepdaughter and her descendants is that he consummate the marriage with her mother, whereas in this case he has not done so.
Likewise, if he divorces her and her waiting period expires, he may marry her daughter, provided that he did not consummate the marriage with her mother, since consummation is a condition.
Are the daughters of a wife with whom he has consummated the marriage forbidden to the husband if she has them from a husband whom she marries afterward?