Chapter: Marrying a woman with whom the prospective husband has previously committed fornication, or with whose mother or daughter he has done so, or whom he has had intercourse with under a doubtful circumstance (shubha).

If a man has illicit intercourse with a woman, that act alone does not make her unlawful for him to marry. Likewise, she is not prohibited to him if the fornication was with her daughter. It is enough that the legal punishment be carried out on him; after that he may lawfully consummate marriage with her. In the same way, should a man fornicate with a woman and later wish to marry her mother or her daughter, neither the mother nor the daughter becomes forbidden to him. This is the sound opinion transmitted from Mālik and is the view of the scholars of the Ḥijāz.

A different report from Mālik states that fornication would bar him from the mother and the daughter, treating the illicit act as though it were lawful intercourse; this is the position of the scholars of Iraq. The first opinion, however, is the stronger one and is the view on which the jurists of Medina act, because Allah, exalted be He, says: “and the mothers of your wives…” (Quran 4:23), and the woman with whom he fornicated is not one of his wives, nor is her daughter one of his step-daughters.

By contrast, if a man has had intercourse with a woman under a doubtful circumstance (shubha), it is not permissible for him to marry her mother or her daughter, nor may he combine her with her sister, paternal aunt, or maternal aunt, whether by marriage or by right of ownership. According to Mālik, the same ruling applies to the one who merely kisses her or touches her with desire.