Adultery does not establish lineage or affect marriage
29-9-2014 | IslamWeb
Question:
i have learnt from this forum that whenever there is difference of opinion on a matter then a mufti should choose that opinion which is more close to quran and sunnah. please refer to question no.2512190, there are two opinions on this issue. one that was answered on this forum that nikkah is only way of establishing linkage and adultery can not establish linkage or effect other relations. other opinion by some scholars like imam abu hanifa is that adultery can establish linkage and effect other relations e.g if a person touches or sees his mother in law naked then relation of this man with his wife is invalid. similarly if a son touches his father'wife with lust then relation of his father with that woman is invalid. my question is that if this type of incident was happened in one'slife about 15 years ago when he was under twenty and Allah gave him the opportunity to repent and he still asks Allah for forgiveness and he is follower of imam abu hanifa too then whether he should disclose what was happened 15 years ago as no one knows about this sothat he may act according to his imam or he should follow first opinion as described on this forum that adultery cannot establish linkage or effect nikkah. please guide me to the right way
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
First of all, we state that Abu Haneefah 
has the same view as that of the majority of the scholars - that adultery does not establish lineage. However, he was reported to have said: “I do not see any harm for a man who has committed Zina with a woman and she becomes pregnant by him that he marries her while she is pregnant so that he would conceal her sin and the child is his child.”
As regards someone who has touched his father's wife with lust, Abu Haneefah is of the view that she becomes forbidden for the father. However, the correct opinion is the view of the majority of the scholars that this does not affect the marriage as we have already clarified for you.
If a person has committed such a sin, then he should turn back to his Lord in repentance and not inform anybody about it, and the marriage is valid according to the view of the majority of the scholars. If this person follows the Hanafi School, then he may act according to the other opinion as there is more evidence for it.
For more benefit, please refer to Fataawa 83626 and 219826.
Allaah Knows best.