A video is getting viral on social media. In this video, Maluna can be heard saying: ““Imam Abu-Hanifa رحمۃ اللہ علیہ says, if a man marries his own mother and then cohabits with her, there is no limit on him.”
A verified user named Gopal Goswami posted this video on Twitter and wrote: “thoo thoo thoo, so much dirt? Marriage and sex with your mother?”
थू थू थू , इतनी गंदगी?
— Gopal Goswami (@igopalgoswami) July 5, 2023
अपनी माता से निकाह और सेक्स? pic.twitter.com/5OTc2Se9pE
Tweet Archive Link
Gopal Goswami’s tweet has been retweeted more than three thousand times, whereas more than 1.5 lakh users have watched this video.
Another user named Varagi quoted and retweeted Goswami’s tweet and wrote: “This is the beauty of our Islam.. He is a true Sunnat believer of Mohammad”.
येही तो हमारे इस्लाम की खूबसूरती है.. ये मोहम्मद का सच्चा सुन्नति मोमिन है। https://t.co/vfIyyr7pz6
— वैरागी (@Votary_Habitue) July 5, 2023
Tweet Archive Link
On the other hand, several social media users are also sharing this video.
Fact-Check
To know the reality of this viral video, the Dfrac team converted this viral video into some keyframes and reverse-searched it on Google. Meanwhile, we found the same video uploaded on a YouTube channel named Sami ullah on August 19, 2020, with the Urdu caption: “ Marriage with Mother, Does Hanifi Ulma approves marriage with Mother”.
This video lasts around 12 minutes but the viral part can be seen at 9:46 minutes. In fact, Maulana Muhammad Ilyas received a question from a person (non-muqallid) objecting that your Imam (Imam Abu-Hanifa رحمۃ اللہ علیہ) considers the marriage of mother with son as valid, which there is denial of sarih nas (verse of Quran). Hidaya (Book of Fiqh-e-Hanafi) presents the argument that if a man commits Wati (sex) after getting married to a Mahram (who cannot be married, such as a mother-sister), then Imam Sahab (Abu-Hanafi رحمۃ) Allah علیہ) says that they will not be punished, which shows that your Imam considers marriage of son with mother as valid and I have not found this issue in the file.
After reading this question, Maulana says that there would be no issue in the file you have, otherwise our files are also present on this issue. (Video) the clip is also present. I have myself taught this issue.
Maulana further states in the video that this issue is discussed in two places. Whether it is justified or not, it is associated with Kitab-ul-Hajre and Al-Abaha and what would be its punishment? It is also associated with Kitab-al-Tazirat wa-al-Hudud.
Maulana explains in the video that the crimes for which the punishment has been clearly and definitely stated those crimes come under “Had or Hudood” such as theft is punished by chopping off-hand and rape is punished by whipping. Crimes for which punishment is clearly and definitely stated come under “Tazir or Al- Tazirat”.
Marriage and sex with Mahram (a woman who cannot be married) is punishable and comes under ‘Al-Tazirat’ but it is up to the Qazi (judge) to determine the punishment for such a criminal.
In the uploaded video on YouTube, Maulana can be heard saying this same fact at 9:46 minutes that if someone marries his mother, there is no limit on him, that is his punishment comes under ‘Tazirat” and Qazi (Judge) can give as much punishment as he wants.
Conclusion
It is clear from Dfrac’s Fact-Check that the viral video is incomplete as Maulana’s statement about punishment for the crime of marrying a Mahram is not fixed as for the crime of theft. In fact, it completely depends on the Judge, he can give as much punishment as he wants. Therefore, social media users’ claims, including Goswami’s claim, are misleading.
