Is it permissible for a man to marry his daughter born from adultery (Zina)?
Chapter on What is Prohibited to Marry and Combining Between Them and Other Matters
Al-Mughni
Book of Marriage
Primary text
Marriage between a man and his daughter born from adultery is forbidden. This is the position held by the majority of jurists. The evidence is the saying of Allah: "Forbidden to you are your mothers and your daughters" (Quran 4:23). She is a female created from his semen, which is an undeniable reality regardless of legitimacy. Furthermore, the Prophet, peace be upon him, indicated through the matter of Hilal ibn Umayyah's wife that the offspring belongs to the fornicator (the *Zani*), implying a paternal relationship that mandates prohibition. She is a part (*bid'ah*) of him, thus remaining forbidden, similar to a daughter born of a lawful marriage.
Supporting text
Malik and the established opinion of Al-Shafi'i hold that such a marriage is permissible because she is considered an unrelated stranger (*ajnabiyyah*), not legally attributed to him; inheritance does not pass between them, he is not obligated to free her if he possesses her, nor is he obligated to support her. Therefore, she remains permissible for him like all other strangers.