Is a non-Muslim relative a Mahram to a Muslim woman?
General Chapter
Al-Mughni
Book of Hajj
Primary text
A non-Muslim man, even if he is the father of a Muslim woman who converted, is not a Mahram to her. Ahmad ruled that if the daughter of a Jew or Christian converts to Islam, the father cannot marry her to anyone, nor travel with her, as he is not her Mahram. The reasoning is that establishing Mahramiyyah implies permission for seclusion, which cannot be established between a non-believer and a Muslim woman. Furthermore, there is fear that he might lead her astray from her religion.
Supporting text
Abu Hanifa and Al-Shafi'i hold that he is a Mahram because the prohibition against marrying her is permanent. This is refuted by citing the mothers and daughters of those involved in fornication or Li'an, and the case of a Magian (Zoroastrian) and his daughter, where the prohibition is clear due to lack of trustworthiness and the belief in permissibility.