I'm unsure if I am able to call it "theoretical law" in this case, or if that is the proper term, because it seems that this is based on that ayah in surat Nisa and the ruilings that can be presented from it. Imam Shafi is trying to make the argument that this ayah does not include daughters out of wedlock. But as you can see the ahnaaf (don't know what/who it means/are) say it does.BlackVelvet wrote:Thank you PO
But for such a daliil to exist in the first place...common sense calmly points out that were this to procede it would be incest of the first kind, incest I assumed was haram in Islam. But yes Allahu aclam, maybe it means something else that my eyes are not picking upBut that word 'biological' it's like they/he already know without a shadow of doubt that she's his daughter..and that said shouldn't the father be dead anyway given that he'd be stonned for his extra curricular activities
Ofcourse if it actually came up as a legal matter in the court to a judge, he would see this daliil and then look at the ahnaaf, and also take other factors into consideration before making a verdict. But to the benefit of the judge there is already the legal framework in place to make a verdict.
Also, your only get stoned if you commit adultry, not fornication. One you have to be married, the other you are not married but single.
