Chapter 2
Transactions
Marriage: Women Who are
Forbidden for Marriage
48954: Can he marry the daughter of his father's wife?
Question:
A man got married to a woman who had a daughter
when he got married to her, and he was blessed with
children from her. Can the man's son from another wife marry
the daughter of this woman whom his father married?.
Answer:
Praise be to Allaah.
There is nothing wrong with that, because there is
no connection of blood between them, so she is a
stranger (non-mahram) to him, and he is a stranger to her. So it
is permissible for a person to marry the daughter of
his father's wife from another man, because Allaah says,
after mentioning those to whom marriage is forbidden:
"All others are lawful" [al-Nisa'
4:24]. Al-Muntaqa min Fataawa al-Fawzaan, 5/258. (www.islam-qa.com)
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26202: It is not correct to draw an analogy
between donating blood and breastfeeding to prove that someone
is a mahram
Question:
I know that breastfeeding establishes the relationship
of being a mahram, and that if a woman breastfeeds a
child she becomes his mother through breastfeeding
(radaa'ah). Is it correct to draw an analogy between blood
transfusion and breastfeeding?.
Answer:
Praise be to Allaah.
This analogy is not correct. The relationship of
mahram that is proven in sharee'ah applies only in the case
of breastfeeding. This has been stated by the consensus
of the Fiqh Council.
Majallat al-Buhooth al-Islamiyyah, 35/343.
The Standing Committee was asked:
A man had blood taken from him to be given to his
wife. Does that have any effect on his married life with her?
They replied:
Perhaps the questioner is thinking of an analogy
between blood and the milk that establishes the relationship of
a mahram. This analogy is not valid for two reasons:
1- Blood is not a source of nourishment as milk is;
2- That which establishes the relationship of a
mahram according to the text is breastfeeding that fulfils
two conditions: (i) that the breastfeeding occurs five or
more times; (ii) that that takes place within the first two
years of the child's life.
Based on this, the blood that has been taken from
you and given to your wife does not have any affect on
your married life. And Allaah is the Source of strength.
Majallat al-Buhooth al-Islamiyyah, 4/332.
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33752: His half-sister from his father has a half-sister
from her mother. Is it permissible for him to marry her?
Question:
I have a half-sister from my father, who has a
half-sister from her mother. Is it permissible for me to marry
the half-sister of my sister from her mother?.
Answer:
Praise be to Allaah.
Yes, that is permissible.
Shaykh Saalih al-Fawzaan said:
If you have a half-sister from your father, then it
is permissible for you to marry her half-sister from
her mother, because there is no relationship between you
and her half-sister from her mother that would prevent
that. Allaah says (interpretation of the meaning):
"All others are lawful"
[al-Nisa' 4:24]
al-Muntaqa, 5/258.
Shaykh al-Islam Ibn Taymiyah (may Allaah have
mercy on him) narrated that the Muslims were
unanimously agreed that this kind of marriage is permissible. He
said: It is permissible for a man's half-sister from his
mother to marry his half-brother from his father. This
is unanimously agreed upon among the Muslims and
there is no dispute concerning that. And Allaah knows
best. From al-Fataawa al-Kubra, 3/163. Islam
Q&A (www.islam-qa.com)
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20884: Muslim man marrying a non-Muslim woman
Question:
A non muslim girl wants to loves a muslim guy and
has decided to marry him. she is also ready to accept
islam. does islam permits a muslim guy to marry a non
muslim asian girl. both love each other very much and cant
stay without each other. what must be done now, how and
when can she accept islam.
Answer:
Praise be to Allaah.
Firstly:
Through this website we will send a message to this
non-Muslim woman and others, telling them that no one
can attain true life, happiness and peace of mind unless
he believes in Allaah as his Lord, Islam as his religion
and Muhammad as his Prophet. For all of the universe
is created, and its Creator is Allaah. He is the One
Who raised the heavens with no pillars and spread out the
earth, and created the mountains to stabilize it, and created
the sea and the rivers.
"Surely, His is the creation and commandment.
Blessed is Allaah, the Lord of the `Aalameen (mankind, jinn
and all that exists)!"
[al-A'raaf 7:54 _ interpretation of the
meaning]
Once this is clear, it should be understood that
Allaah sent Messengers to His slaves, to show them the
way, teach them and guide them to the path of salvation.
"Messengers as bearers of good news as well as
of warning in order that mankind should have no
plea against Allaah after the (coming of) Messengers"
[al-Nisa' 4:165]
And He ended the series of His Messengers with Muhammad (peace and blessings of Allaah be upon him):
"Muhammad is not the father of any of your men, but
he is the Messenger of Allaah and the last (end) of
the Prophets"
[al-Ahzaab 33:40 _ interpretation of the
meaning]
Allaah sent him with the religion of Islam other than
which He will not accept any religion from anyone:
"And whoever seeks a religion other than Islam, it
will never be accepted of him, and in the Hereafter he will
be one of the losers"
[Aal `Imraan 3:85 _ interpretation of the
meaning]
Secondly:
With regard to when and how she may become Muslim:
It is very easy indeed. All she has to do is to say
"Ashhadu an laa ilaaha illaaha ill-Allaah wa ashhadu
anna Muhammad `abduhu was rasooluhu (I bear witness
that there is no god except Allaah and I bear witness
that Muhammad is His slave and Messenger)." Once she
says that, she becomes Muslim. She should hasten to do
that, because death may come suddenly, and no one
knows whether he will live until tomorrow or not.
We welcome her as our sister in Islam, and we ask
Allaah to inspire her and guide her to do that which will
bring her happiness in this world and in the Hereafter.
Thirdly:
What is stated in this question is that the woman is
"non-Muslim". This may be understood as meaning that she
is one of the people of the Book _ i.e., Jewish or Christian
_ or it may be understood as meaning that she is
something else _ such as Buddhist, Zoroastrian or communist. If
the woman who wants to marry a Muslim man is one of
the people of the Book, there is no shar'i impediment to
this marriage, so long as it fulfils the shar'i conditions,
such as the requirement that she be chaste. But the
Muslim husband should be keen to bring his wife into Islam so
as to save her from eternity in the Fire and so that he and
his children will have a home that is based on Islam.
But if the woman who wants to marry a Muslim man
is not one of the people of the Book, then it is not
permissible for a Muslim to marry her.
Allaah says (interpretation of the meaning):
"And do not marry Al-Mushrikaat (idolatresses) till
they believe (worship Allaah Alone). And indeed a
slave woman who believes is better than a (free)
Mushrikah (idolatress), even though she pleases you. And give
not (your daughters) in marriage to AlMushrikoon till
they believe (in Allaah Alone) and verily, a believing slave
is better than a (free) Mushrik (idolater), even though
he pleases you. Those (Al-Mushrikoon) invite you to the
Fire, but Allaah invites (you) to Paradise and forgiveness
by His Leave, and makes His Ayaat (proofs,
evidences, verses, lessons, signs, revelations, etc.) clear to
mankind that they may remember"
[al-Baqarah 2:221]
Ibn Katheer said:
Here Allaah forbids the believers to marry mushrik
woman who worship idols, and if this were general in
meaning, it would include every mushrik woman, whether she
is of the people of the Book or is an idol worshipper,
but the woman of the people of the Book are excluded
from that in the verse (interpretation of the meaning):
"(Lawful to you in marriage) are chaste women from
the believers and chaste women from those who were
given the Scripture (Jews and Christians) before your time
when you have given their due Mahr (bridal-money given
by the husband to his wife at the time of marriage),
desiring chastity (i.e. taking them in legal wedlock) not
committing illegal sexual intercourse, nor taking them as girlfriends"
[al-Maa'idah 5:5]
`Ali ibn Abi Talhah said, narrating from Ibn
`Abbaas concerning the words "And do not marry
Al-Mushrikaat (idolatresses) till they believe (worship Allaah
Alone)": Allaah excludes from that the women of the people
of the Book. This was also the view of Mujahid,
`Ikrimah, Sa'eed ibn Jubayr, Makhool, al-Hasan, al-Dahhaak,
Zayd ibn Aslam, al-Rabee' ibn Anas and others. And it
was said that what is meant is the mushrikoon who
worship idols, and it does not mean the people of the Book at
all. This meaning is close to the first meaning. And
Allaah knows best.
Tafseer Ibn Katheer, 1/474
Whilst noting that this is permissible, we should
also remember that Islam encourages the Muslim man to
marry a Muslim woman who is religiously committed,
because the Muslim's life with his wife is a complete
and comprehensive life which involves chastity, lowering
the gaze, and protecting and looking after the house
and children. These and similar things cannot be
achieved except with a religiously-committed wife.
See the answer to question no. 12283; also the answer
to question no 20227, which gives more details on the
bad consequences of marriage to a non-Muslims woman.
In the answer to question no. 3320 it states that it is
not permissible to allow her to celebrate
(non-Islamic) festivals inside or outside the home.
And Allaah knows best. Islam Q&A (www.islam-qa.com)
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34682: Is there such a thing as a temporary mahram?
Question:
It is well known that it is not permissible for a man
to shake hands with a non-mahram woman, or to be
alone with her, but is it permissible for a man to greet _
i.e., shake hands with _ his wife's sister or her aunt, on
the grounds that they are his temporary mahrams?
Similarly is it permissible to be alone with them or not?
Is the temporary prohibition on marriage between a
man and his wife's sister or aunt the same as the
temporary prohibition on marriage between a man and another
man's wife or not?.
Answer:
Praise be to Allaah.
Firstly:
It is not permissible for a man to shake hands with
his wife's sister or aunt, and it is not permissible for him
to be alone with any of them, because they are not
his mahrams. Rather marriage to them is
temporarily forbidden, but this is not enough to make them
like mahrams with regard to being alone and shaking
hands with them.
Secondly:
If it is established that a person is a mahram through
blood ties, breastfeeding or ties of marriage, then that
is permanent. There is no such thing as a temporary
mahram, rather there is a temporary prohibition on marriage.
The wife's sister or aunt are not mahrams of a man, rather it
is haraam for him to marry any of them whilst he is
still married to his wife, because Allaah says
(interpretation of the meaning):
"Forbidden to you (for marriage) are: your mothers,
… and two sisters in wedlock at the same time"
[al-Nisa' 4:23]
And because the Prophet (peace and blessings of
Allaah be upon him) forbade being married to a woman and
her aunt at the same time. With regard to the wife of
another man, she is temporarily forbidden to anyone other
than her husband, so long as she is still married to him. If
the marriage ends through his death or through divorce
or annulment of the marriage contract, then it
becomes permissible for someone else to marry her after her
`iddah ends, even if he already has a wife, so long as she is not
a sister or aunt of the first wife.
And Allaah is the Source of strength.
Fataawa al-Lajnah al-Daa'imah li'l-Buhooth
al-`Ilmiyyah wa'l-Ifta, 17/36 (www.islam-qa.com)
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26828: Does shaking hands with his fiancée's mother
with desire mean that he is not allowed to marry her daughter?
Question:
If one merely touched his mother in law with lust
(my hand may have touched her hand or her hand may
have touched mine and experienced an erection), does
nikah with her daughter become haram?
I need urgent advice in this matter? I am a young
man and an immoral person. I have unclean thoughts
and frequent erections. Just looking at a woman or if a
woman merely touches me by mistake, I have an erection! .
Answer:
Praise be to Allaah.
With regard to what you have mentioned about
looking at your fiancée's mother with desire, this does not
mean that you are not allowed to marry her daughter,
because what would prevent you from marrying her (the
daughter) is your marrying her mother and consummating
the marriage with her. The evidence for that is the verse
in which Allaah says (interpretation of the meaning):
"Forbidden to you (for marriage) are: …
your stepdaughters under your guardianship, born of your
wives to whom you have gone in — but there is no sin on you
if you have not gone in them (to marry their daughters),"
[al-Nisa' 4:23]
But I advise you to fear Allaah and not take the matter
of looking lightly, for it is a serious matter, and the door
to endless evil. The Prophet (peace and blessings of
Allaah be upon him) said: "Do not follow one glance
with another, for you are allowed the first but not the
second." (Narrated by al-Tirmidhi, 277; Abu Dawood,
2147; Ahmad, 1373 _ from `Ali, may Allaah be pleased
with him).
What you have mentioned about feeling desire
whenever you look, is because your mind is constantly
preoccupied with sex. Undoubtedly the corrupt media play a great
role in that, because their aim is to occupy people's
minds with such things by spreading pornographic movies
and pictures, and love stories. These are things that the
Muslim should keep away from.
There is no reason why a person should not satisfy
his desires in the way in which Allaah has permitted, but
for a man to live with no other thought than how to
satisfy his desire, this is something which every wise
person should refrain from.
You should realize that no one will live in this
world, rather this is the abode of striving. Man is like a
stranger in this world. Think about the words of the Prophet
(peace and blessings of Allaah be upon him) to Ibn `Umar _
who was a young man _ "Be in this world as if you are
a stranger or just passing through."
Set your aim high and do not be content with
anything but the highest and noblest of things. The highest of
things is the pleasure of Allaah and entering Paradise. If you
set your aim high, you will find that you are a new
person, and the things you are suffering will disappear.
I advise you to obey the command of the Prophet
(peace and blessings of Allaah be upon him): "O young
men, whoever among you can afford it, let him get
married, and whoever cannot, then let him fast, for it will be
a shield for him."
(Narrated by al-Bukhaari, 5065; Muslim, 1400,
from `Abd-Allaah ibn Mas'ood, may Allaah be pleased
with him).
Finally, I advise you to make du'aa' and turn to
Allaah, for He will not let down the one who calls upon Him
in sincerity and seriousness. Strive to control yourself,
and keep away from things that provoke your desire. Fill
your heart with the love of Allaah and longing to meet Him.
May Allaah bless us with beneficial knowledge,
righteous deeds, humble hearts and answered prayers. May
Allaah bless our Prophet Muhammad and all his family
and companions.
And Allaah knows best.
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22179: Marrying the sister of his ex-wife
Question:
Is it permissible for a man to marry the sister of his
former wife, when the `iddah of the former wife has ended and
if the first wife is still alive? Because the prohibition
applies to being married to two sisters at the same time, and
the former wife is alive.
Answer:
Praise be to Allaah.
Yes, it is permissible to marry the sister of one's
former wife, on condition that the `iddah of the first wife
has ended. The evidence for that is the verse
(interpretation of the meaning):
"Forbidden to you (for marriage) are: … and two
sisters in wedlock at the same time"
[al-Nisa' 4:23]
It was narrated that `Ubaydah al-Salmaani said:
"The Sahaabah did not agree on anything so unanimously
as they agreed upon four (rak'ahs of Sunnah prayer)
before Zuhr, and that a woman should not be taken in
marriage during the `iddah of her sister."
The prohibition applies when the marriage is still in
effect, but now the relationship with the first wife has
ended through divorce (talaaq).
And Allaah knows best.
See al-Mughni, 7/68-69.
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12298: Ruling on marrying a fifth wife during the
`iddah following divorce of the fourth wife
Question:
If a man has 4 wives and he divorces one of them,is
it permissible for him to marry someone else during
this iddah period? What is the daleel,if the answer is no
it's not permissible for him to marry someone during the
iddah period will that last marriage be valid and what should
be done to rectify the situation according to the quraan
and sunnah.
Answer:
Praise be to Allaah.
If the divorce that has been issued to the fourth wife is
a revocable divorce _ i.e., it is the first or second talaaq
_ then the scholars are unanimously agreed that a
woman who has been given a revocable divorce is still to
be considered a wife until her `iddah is over.
(al-Mughni, 7/104). If it is proven that she is still your wife, then
you should note that the scholars are agreed that it is
not permissible for a free man to have more than four
wives at one time, because of the hadeeth narrated by
al-Tirmidhi (1128) from Ibn `Umar (may Allaah be pleased with
him) that Ghaylaan ibn Salamah al-Thaqafi became
Muslim and he had ten wives during the Jaahiliyyah; they
became Muslim along with him, and the Prophet (peace
and blessings of Allaah be upon him) commanded him
to choose four of them. This was classed as saheeh by
al-Albaani, as stated in Saheeh Sunan
al-Tirmidhi, 1/329.
It is clear from the above that it is not permissible for
a man to marry a fifth wife during the `iddah of a wife
who has been given a revocable divorce, because by doing
so he will have five wives at the same time, and the
Sahaabah, the four imams and all of Ahl al-Sunnah
wa'l-Jamaa'ah are agreed, in word and deed, that it is not permissible
for a man to have more than four wives at one time,
except for the Prophet (peace and blessings of Allaah be
upon him). Shaykh al-Islam Ibn Taymiyah said in
al-Fataawa al-Kubra (4/154), that the great Taabi'i `Ubaydah
al-Salmaani said: "The companions of Muhammad
(peace and blessings of Allaah be upon him) did not agree
on anything as much as they agreed that a fifth wife
cannot be married during the `iddah of the fourth, and a
woman cannot be taken as a co-wife with her sister."
Whoever wants to have more than four wives is going against
the Book of Allaah and the Sunnah of His Messenger Muhammad (peace and blessings of Allaah be upon
him), and is going against Ahl al-Sunnah wa'l-Jamaa'ah.
See Fataawa al-Lajnah al-Daa'imah, al-Fataawa
al-Jaami'ah li'l-Mar'ah al-Muslimah, 2/641.
If this has taken place, then the marriage contract
is invalid, and you have to leave her until the `iddah of
your divorced wife is over. If you have consummated
the marriage with her _ i.e., with the fifth wife _ then
you have to give her the mahr that is given to women of
her social standing, and she has to wait out the `iddah of
one who is divorced. Then if you want to marry her after
that, you must make another marriage contract with
her, meeting all the conditions prescribed in sharee'ah for
a marriage contract.
But if your divorce of the fourth wife is an
irrevocable divorce _ i.e., a third talaaq _ then there is a difference
of scholarly opinion as to whether it is permissible to
marry a fifth wife during the `iddah of the fourth wife
following a third talaaq. The Hanbalis and Hanafis say that this
is not allowed, and this is the view regarded as most
correct by Shaykh `Abd al-`Azeez ibn Baaz (may Allaah
have mercy on him). See Kitaab Fataawa
al-Talaaq by Shaykh Ibn Baaz, 1/278. On this basis, the ruling is the same
as that described above in the case of a revocable
divorce. When the `iddah of the woman who has been
divorced for a third time comes to an end, it is then permissible
for him to make a marriage contract with her (the
fifth woman). And Allaah knows best.
But in the case of the fourth wife dying, it is
permissible for him to get married after she dies, because the
marriage is not considered to be still in effect in this case.
And Allaah knows best
Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)
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23435: Being married to a woman and her father's
ex-wife at the same time
Question:
I would like to ask whether it is permissible to marry
the stepmother in law ( the wife is not her daughter)
while keeping the wife and stepmotherinlaw at the same
time in nikah?
Answer:
Praise be to Allaah.
It is permissible for a man to marry the ex-wife of
his wife's father, so long as that is not his wife's mother.
There is nothing wrong with marrying her even if her
husband's daughter is with him (is his wife), because there is
no blood relationship between the two wives, i.e.,
between his first wife and her father's ex-wife. What is
forbidden is to be married to two sisters at the same time, or to
be married to a woman and her maternal aunt or a
woman and her paternal aunt at the same time. See question
no. 22302. Anything other than that is permissible,
because Allaah says, after mentioning those women whom one
is forbidden to marry:
"All others are lawful, provided you seek (them
in marriage) with Mahr (bridal-money given by the
husband to his wife at the time of marriage) from your
property" [al-Nisa' 4:24 _ interpretation of the
meaning]
With regard to a mother and daughter: if the daughter
is the wife, then then her mother becomes
permanently forbidden for him to marry as soon as the
marriage contract is completed.
If the mother is the wife, then the matter is subject
to further discussion:
- If her husband consummated the marriage (i.e., has
had intercourse with her), then the daughter is
permanently forbidden for him.
- If he has not consummated the marriage, then
the daughter is forbidden for him until he divorces the
mother, because Allaah says, describing the women who
are forbidden for marriage:
"your wives' mothers, your stepdaughters under
your guardianship, born of your wives to whom you have
gone in — but there is no sin on you if you have not gone
in them (to marry their daughters),"
[al-Nisa' 4:23 _ interpretation of the
meaning]
From Kitaab Fataawa Islamiyyah, vol. 3, p. 134.
Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)
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10090: Can he kiss his seventy-year-old female cousin
on the head?
Question:
I have a cousin (daughter of my paternal uncle) who
is seventy years old. Is it permissible for me to kiss her
on the head over her hijaab or to shake her hand because
she is old, or not?
Answer:
Praise be to Allaah.
You are not allowed to shake her hand or to kiss her
on the head or anywhere else. What is allowed is for you
to greet her with words only, even if she is old, because
she is not your mahram. There is nothing wrong with
you saying, "How are you? How are your children?" etc.
The Messenger (peace and blessings of Allaah be upon
him) said: "I do not shake hands with women" _ and
this included old women as well as others. And `Aa'ishah
(may Allaah be pleased with her) said: "By Allaah, the hand
of the Messenger of Allaah never touched the hand of
any woman" _ meaning women who were not his
mahrams, and when he accepted their oaths of allegiance to him,
it was by words only.
Kitaan Majmoo' Fataawa wa Maqaalaat
Mutanawwi'ah li Samaahat al-Shaykh `Abd al-`Azeez ibn
`Abd-Allaah ibn Baaz (may Allaah have mercy on him), vol. 7, p.
183 (www.islam-qa.com)
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10177: He wants to marry the daughter of his
sister's husband
Question:
Can I marry the daughter of my brother-in-law (my
sister's husband) but not my sister's child ?
Answer:
Praise be to Allaah. It is permitted, because she is not
one of the mahrams mentioned in the aayah (interpretation
of the meaning):
"Forbidden to you (for marriage) are: your mothers,
your daughters, your sisters, your father's sisters,
your mother's sisters, your brother's daughters, your
sister's daughters, your foster mothers who gave you suck,
your foster milk suckling sisters…"
[al-Nisaa' 4:23]
What is listed among these mahrams is "your
sister's daughters", and the girl _ in this case _ is not the
daughter of your sister. So there is no reason for this marriage
to be haraam, either on the grounds of blood,
breastfeeding (radaa'ah) or being related by marriage. And Allaah
knows best.
Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)
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8442: Is it permissible to marry two sisters from one
father at the same time?
Question:
A man has 2 wives and from each wife he has 1
daughter. Is it permitted for someone to marry the 2 daughters
at one time (who of course have the same father but
different mothers)? I am aware that it is not permitted to be
married to 2 blood sisters at the same time, but is the
case mentioned above slightly different?
Answer:
Praise be to Allaah.
It is not permissible to marry them at the same
time, because they are sisters, regardless of whether they
share the same father and mother, or they have only one
parent in common, because of the aayah (interpretation of
the meaning):
"Forbidden to you (for marriage) are: … two sisters
in wedlock at the same time, except for what has
already passed" [al-Nisaa' 4:23]
It was reported from Abu Hurayrah that the Messenger
of Allaah (peace and blessings of Allaah be upon
him) forbade marrying a woman then her paternal aunt, or
a paternal aunt then her brother's daughter, a woman
then her maternal aunt, or a maternal aunt then her
sister's daughter, or an older sister then the younger sister, or
a younger sister then the older sister." (Narrated by
al-Tirmidhi, no. 1045; Abu Dawood, no. 1768.
Al-Tirmidhi said, it is hasan saheeh).
Fayrooz al-Daylami said: I came to the Prophet
(peace and blessings of Allaah be upon him) and said:
O Messenger of Allaah, I have become Muslim and I
am married to two sisters. The Messenger of Allaah
(peace and blessings of Allaah be upon him) said:
"Choose whichever of them you want [i.e., and divorce the
other]." (Narrated by al-Tirmidhi, 1048; Abu Dawood, 1915,
et al.)
Islam Q&A Sheikh Muhammed Salih Al-Munajjid
(www.islam-qa.com)
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2798: Can she marry her mother's half-brother?
Question:
can i marry my mother's step brother (my
step-uncle)? my mother and this brother of hers belong to the
same father but different mothers.does the fact that we are
both hanafis make a difference?
Answer:
Praise be to Allaah.
The mother's brother is an uncle (khaal _ maternal
uncle) whether he is a full brother or a half-brother through
the father or mother. On this basis it is not permissible
for you to marry him, because he is your uncle, may
Allaah guide you. It is also haraam for a man to marry his
maternal aunt (khaalah), because Allaah says (interpretation of
the meaning): "Forbidden to you (for marriage) are:
your mothers, your daughters, your sisters, your
father's sisters, your mother's sisters…" [al-Nisa'
4:23]. Similarly there is a total and eternal ban on women marrying
their uncles. And Allaah knows best.
Islam Q&A
Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)
Click here for Further Reading
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1940: Wife and Husband's Brother
Question:
Assalaamu'alaikum! Ya Sheikh, I have a very
important question to ask you and this will Insha'Allah benefit
many other Muslims. A friend of mine was telling me that
a wife cannot come in front of the husband's brother as
he is not her Mahram. My question is this: I live with
my parents and brother and sister. I and my brother pay
the rent of the apartment. Insha'Allah we are going to
move to a rented house which will be bigger and the rent
will be payed by me and my brother. I had thought of
getting married because of the bigger house, but I don't
know whether I could do this now unless I get my own
separate house. Please answer my question as soon as possible,
Jazakumulah Khyran
Answer:
Praise be to Allaah.
There is no harm in you and your wife living in one
house with the rest of the family members you mentioned.
All that you have to be careful about is that your wife
does not go out in front of your brother or be alone with him
in the house, because the Prophet (peace and blessings
of Allaah be upon him) forbade non-mahrams
(unrelated men) to enter upon women. He said: "Beware of
entering upon women." One of the Sahaabah said to him,
"O Messenger of Allaah, what about the brother-in-law?"
He said: "The brother-in-law is death!" (Reported by
al-Bukhaari, Fath al-Baari, 9/330).
Al-Nawawi, may Allaah have mercy on him, said:
"What is referred to in the hadeeth is all the husband's
(male) relatives apart from his father and sons.
People customarily take the matter of a man being alone with
his brother's wife as being of little consequence; to
indicate the seriousness of the matter, it was likened to
death. Indeed, one should be more cautious about the
brother-in-law than about a stranger. The phrase "the
brother-in-law is death" may have a number of meanings:
· That being alone with a brother-in-law may lead
to disaster if a sin is committed, or may spell divorce for
the woman if her husband cannot contain his
jealousy;
· Or: Beware of being alone with a non-mahram
woman _ fear this as you fear death.
All this stems from Islam's keenness to protect households, to avoid evil and to preserve marriages
in the best possible way. You will find more details
under question #217 .
May Allaah bless our Prophet Muhammad.
Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)
Click here for Further Reading
Back to Table of Contents
105: Ruling on marrying cousins
Question:
Is it correct,that our Rusul (peace and blessings of
Allah be upom him) , discouraged marrying cousins. You,
see marrying cousins should be the last resort.
Jazakallah.
Answer:
Al-hamdu lillah (All praise be to Allah). There is
no objection whatsoever in the Islamic religion for a man
to marry any of his relatives except al-maharim
(those forbidden for marriage) whom Allah mentioned in
surat al-nisaa', 4:23 (interpretation of the meaning):
Prohibited to you (for marriage) are: your
mothers, daughters, sisters; father's sisters, mother's
sisters; brother's daughters, sister's daughters;
foster-mothers (who breast-fed you), foster-sisters (who breast-fed
from the same woman as you); your wives' mothers; your
step-daughters under your guardianship, born of your
wives with whom you have consummated marriage, no prohibition if ye have not consummated; (those who
have been) wives of your sons proceeding from your loins;
and two sisters in wedlock at one and the same time,
except for what is past; for Allah is Oft-Forgiving, Most Merciful.
Thus, when Allah mentioned for us the relatives to
whom marriage is forbidden, we then come to know that
there is no objection for the remainder of the family
relations. Furthermore, there is no condition that it be the last
resort as indicated in the question. Among the most
prominent evidence of this fact is that the Prophet (peace be
upon him) married his daughter Fatima to Ali (may Allah
be pleased with them) and he is the son of her father's
uncle, as well as the marriage of the Prophet himself to
Zainab bint Jahsh (may Allah be please with her) and she is
his aunt's daughter (i.e. his cousin); and there are many
other such examples.
However, a different question may be asked, namely:
"Is it better or preferable for a Muslim to marry someone
he is not related to rather than a relative?"
The answer to this question varies from case to case,
and perhaps it may be preferable to marry people who
are non-relations, for example if one aspires to form
new social ties or bonds, and regards the existence of
a marriage relationship with a different family as constructive in widening the circle of social bonds.
Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)
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