Section
Accordingly, children fall into three categories:
A child recognized as such both linguistically and under Islamic law: one to whom the legal rulings concerning inheritance and lineage apply.
A child recognized as such only linguistically: one related by birth, but to whom those legal rulings do not apply.
One called a child figuratively rather than literally, such as the children of adopted sons, or an unrelated boy whom a man addresses as “my son” to express affection, and similar cases.
Section
Accordingly, the words of Allah, Mighty and Majestic,
“Forbidden to you are your mothers and your daughters” [al-Nisā’: 23],
are understood in their general sense, encompassing everyone linguistically called a mother or daughter by virtue of descent by birth. Thus, a daughter’s daughter is forbidden in marriage, however many generations removed, as is a mother’s mother, however many generations removed.
The Sunnah and scholarly consensus establish that, in His words,
“Allah instructs you concerning your children” [al-Nisā’: 11],
Allah, Mighty and Majestic, means those descendants whose lineage is traced to a person, excluding those whose lineage is not traced to him. This distinguishes legally recognized children from others. The distinction between the prohibition of marriage and inheritance in the case of a daughter’s daughter is also clear from reasoned consideration. It has been held that things are prohibited by default; thus, marriage to a daughter’s daughter cannot be deemed lawful without certainty, nor may she be granted an inheritance without certainty. This too is clear.
Some scholars have said that a daughter’s child is called a child only figuratively. They accordingly interpret the Prophet’s statement about al-Hasan, “This son of mine is a leader,” as figurative rather than literal—peace be upon him. This is incorrect. Rather, a daughter’s child is literally a child in linguistic usage, since the relationship of descent by birth exists. Moreover, scholars unanimously agree that marriage to a daughter’s daughter is forbidden on the basis of the words of Allah, Mighty and Majestic,
“Forbidden to you are your mothers and your daughters” [al-Nisā’: 23].
No one may maintain that marriage to her is forbidden on a basis other than the Quran, for Allah Most High says, after specifying those forbidden in marriage: