Chapter 3
Transactions
Marriage: Mahram Relatives
40401: Is the wife of one's son through breastfeeding
a mahram?
Question:
I have a son through breastfeeding who was breastfed
by my wife. Am I a mahram for his wife?.
Answer:
Praise be to Allaah.
The wife of a son of one's loins is a mahram to his
father, because Allaah says (interpretation of the meaning):
"Forbidden to you (for marriage) are… the wives of
your sons who (spring) from your own loins"
[al-Nisa' 4:23]
If a man has a son who is married to a woman, his
father becomes a mahram to her, and he may travel with her,
be alone with her, look at her face, and so on. With regard
to his son through breastfeeding, most of the scholars are
of the view that he is like a son from his own loins,
but Shaykh al-Islam Ibn Taymiyah rejected that and
said: Breastfeeding does not affect the in-law relationship;
the wife of a son through breastfeeding is a non-mahram
to the father, so she should not uncover in front of him
and she should not be alone with him and he may not
travel with her, because she is a stranger (non-mahram) to
him. Allaah says (interpretation of the meaning):
"Forbidden to you (for marriage) are… the wives of
your sons who (spring) from your own loins"
[al-Nisa' 4:23]
And the Prophet (peace and blessings of Allaah be
upon him) said: "What becomes mahram (forbidden
for marriage) through breastfeeding is that which
become mahram through blood ties."
A son's wife is not a mahram to his father because
of blood ties but rather through marriage. There is no
blood tie between his father and her, rather she is his
mahram through marriage. This is the view favoured by
Shaykh al-Islam Ibn Taymiyah, and this is what I think is correct.
Shaykh Ibn `Uthaymeen (may Allaah have mercy on
him); Liqaa'aat al-baab il-Maftooh, 529.
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45970: The husband's father is a mahram for his son's wife
Question:
Is it permissible for my wife to shake hands with
my father?.
Answer:
Praise be to Allaah.
Yes, that is permissible, because when a man makes
a marriage contract with a woman, his father becomes
a mahram for her, as does his son from another wife.
And her mother becomes a mahram for him, as does
her daughter from another husband.
This is called a mahram by marriage.
The evidence that the husband's father is a mahram
for the son's wife is the verse in which Allaah mentions
the women who are mahrams (interpretation of the meaning):
"the wives of your sons who (spring) from your own loins"
[al-Nisa' 4:23]
So the wife of the son is a mahram for her
husband's father.
The evidence that the husband's son is a mahram for
his father's wife is the verse in which Allaah
says (interpretation of the meaning):
"And marry not women whom your fathers
married, except what has already passed"
[al-Nisa' 4:22]
The evidence that the wife's mother is a mahram for
her daughter's husband is the verse in which Allaah
mentions the women who are mahrams (interpretation of
the meaning):
"…your wives' mothers"
[al-Nisa' 4:23]
These three (the husband's father, his son and the
wife's mother) become mahrams as soon as the marriage
contract is done, and that is not subject to the condition that
the marriage be consummated.
With regard to the wife's daughter, she does not
become a mahram for her mother's husband unless he
has consummated the marriage with her mother,
because Allaah says (interpretation of the meaning):
" and 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]
The stepdaughter (rabeebah) is the daughter of one's wife.
See al-Mughni, 9/514, 524.
In conclusion: the husband's father is a mahram for
his son's wife, so he may shake hands with her and be
alone with her and travel with her. See questions no :
5538 , 20750
And Allaah knows best.
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33628: His relative is in jail and he sits with his wife
and children in order to look after them
Question:
I have a distant relative who is in jail, and I am
taking care of his family's needs such as teaching his
children, buying what they need for the house and advising
my relative's family. I sit with them without a mahram, but
I show them all respect in a spirit of Islamic
brotherhood. She (the wife) covers her head and shows her face
and hands. What has made me do that is the fact that
her mahrams do not care about her or her situation. I want
to know my position according to sharee'ah. Is what I
am doing halaal or haraam? Please note that what I am
doing is for the sake of Allaah and because I am aware of
my duty towards my absent relative.
Answer:
Praise be to Allaah.
What you are doing for the family of your absent
relative is good and is to be appreciated, because taking care
of the weak by meeting their needs is a righteous deed.
But it is not permissible for you to be alone with the
wife, because she is a stranger (non-mahram) to you, and it
is not permissible for her to uncover her face in front
of you, because you are not one of her mahrams.
Fataawa al-Lajnah al-Daa'imah li'l-Buhooth
wa'l-Ifta', 17/61
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21603: What is the khulwah that is forbidden?
Question:
Does khulwah (being alone with a member of the
opposite sex) only refer to when a man is alone with a woman
is some room, far from the view of people? Or does it
mean every instance where a man is alone with a woman
even if that is in view of people?.
Answer:
Praise be to Allaah.
What is meant by the kind of khulwah that is haraam
is not only a man being alone with a non-mahram
woman in a room where no one can see them, rather it
includes their being alone in any place where they can
converse with one another, even if that is where others can
see them but not hear them, and whether that is in the
open air, in a car, on the roof of a house, or wherever.
Khulwah is forbidden because it is the forerunner of zina
(adultery, fornication) and the means that leads to zina. Every
case that is like this comes under the same rulings as
khulwah in the sense of being away from where people can
see you.
And Allaah is the Source of strength.
Fataawa al-Lajnah al-Daa'imah, 17/57 (www.islam-qa.com)
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21599: It is not permissible for a shaykh to be alone with
a non-mahram woman in order to recite ruqyah for her
Question:
What is the ruling on going to a man who is known as
a shaykh, for him to treat illness with the Qur'aan [Qur'an, Quran], but
when he recites over women he is alone with each one of
them on her own, and if the woman's situation calls for it
he keeps her in his house for a few days? I was one of
these women, but I felt deep regret and asked
Allaah's forgiveness and repented to Him.
Answer:
Praise be to Allaah.
It is haraam for a man to be alone with a woman who
is not his mahram, even if that is for the purpose of
treating her with ruqyah by reciting Qur'aan [Qur'an, Quran], because the
Prophet (peace and blessings of Allaah be upon him) said:
"No man is alone with a (non-mahram) woman, but
the Shaytaan is the third one present." Even more serious
and sinful than being alone with him is your staying
overnight in the house of that man who is a stranger
(non-mahram) to you, and staying in his house for a number of
nights and days, and being alone with him. These are
means that lead to evil and corruption.
Any Muslim woman who has done such a thing has
to repent sincerely from that, and not go back to such
evil deeds.
And Allaah is the Source of strength.
Fataawa al-Lajnah al-Daa'imah li'l-Buhooth
al-`Ilmiyyah wa'l-Ifta', 17/63. (www.islam-qa.com)
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23302: Sitting with non-mahrams in complete hijab
Question:
Must a woman wear jilbab in the house in front of
non-mahrams such as brother in laws or can she wear
loose fitting clothes and head scarf?.
Answer:
Praise be to Allaah.
What Allaah has enjoined on women is to conceal
their whole bodies from non-mahrams, including the face
and hands. The clothing should be loose and not show
the shape of any part of the body, and it should not
provoke desire.
Shaykh `Abd al-`Azeez ibn Baaz (may Allaah have
mercy on him) said:
It is permissible for a woman to sit with her
husband's brother or cousins etc., so long as she is wearing
proper Islamic hijab, covering her face, hair and all of her
body, because she is `awrah and a source of temptation, and
so long as there is nothing suspect about this sitting
with them, and she is not sitting alone with any one of them.
With regard to sitting alone with one of them, or in
a suspicious manner, that is not permissible.
It is more important that a woman should observe
hijab in front of her husband's relatives such as his
brothers, because the husband's relatives can enter upon her
and sit with her without anyone denouncing that, then
that may lead to regrettable consequences. See question
no. 12837.
See Fataawa al-Mar'ah Jam'a al-Musnad, p. 157.
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34791: Uncles of one's parents are mahrams
Question:
Can a woman uncover in front of her father's
mother's brother?.
Answer:
Praise be to Allaah.
The brother of your grandmother on your father's side
is the maternal uncle of your father, and a man's
maternal uncle is regarded as a maternal uncle for all
his descendants. Based on that, your father's maternal
uncle is a maternal uncle for you, so he is one of your
mahrams and you do not have to observe hijab in front of
him. Rather it is permissible for you to uncover in front of
him that which is usually uncovered in front of mahrams.
Shaykh Ibn `Uthaymeen said:
Note that a person's maternal or paternal aunt is a
maternal or paternal aunt for him and for all those who
are descended from him. So your father's paternal aunt is
a paternal aunt for you, and your father's maternal aunt is
a maternal aunt for you; your mother's paternal aunt is
a paternal aunt for you and your mother's maternal aunt
is a maternal aunt for you. Similarly the paternal aunts
of your grandfathers and grandmothers are paternal
aunts for you, and the maternal aunts of your grandfathers
and grandmothers are maternal aunts for you.
Fataawa Islamiyyah, 3/131
Shaykh Ibn `Uthaymeen was also asked:
Is it permissible for a woman to uncover in front of
her mother's paternal or maternal uncle, or her
father's paternal or maternal uncle _ in other words are
these persons counted as mahrams?
He replied: Yes, if a woman's mother or father has
a paternal uncle who is her father's full brother or
half brother through either his father or his mother, or she
has a maternal uncle, then he is one of her mahrams,
because your father's paternal uncle is a paternal uncle for
you, and your father's maternal uncle is a maternal uncle
for you. Similarly your mother's paternal uncle or
maternal uncle are uncles for you through ties of blood.
Al-Fataawa al-Jaami'ah li'l-Mar'ah
al-Muslimah, 2/596
And Allaah knows best.
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20755: The husband's children are mahrams for
their father's wife
Question:
My wife's sister married a brother who had two
children from a previous marriage. They were babies when
she married him and she has raised them as if they were
her own. I don't even know if they know that she isn't
their natural mother. I do not know for sure, however I
believe they were never breast fed by her. All of my wife's
family including my wife treat them as my wife's sister's
natural children. They are both reaching puberty now. I wish
to know will my wife have wear hijab in front of the
boy and will the girl have to wear hijab in front of me?.
Answer:
Praise be to Allaah.
Your wife has no connection to the children of her
sister's husband, because they are not her sister's children,
either by descent or through breastfeeding. Based on this,
you wife has to observe hijab in front of this boy because
he is a "stranger" (non-mahram) to her.
By the same token you are a non-mahram to this girl,
so it is not permissible for you to be alone with her or
to travel with her, and it is not permissible for her to
uncover her face in front of you.
With regard to the wife of the children's father, she
does not have to observe hijab in front of them because
they are among her mahrams. Allaah says (interpretation
of the meaning):
"And marry not women whom your fathers
married, except what has already passed"
[al-Nisa' 4:22]
This aayah means that it is not permissible for a man
to marry a woman whom his father or grandfather
had married, no matter how far along the line of
ascent, regardless of whether the father or grandfather is
through his mother's line or his father's, and regardless of
whether the marriage was consummated or not.
If a man has entered into a valid marriage contact with
a woman, she becomes a mahram for his sons and
grandsons through his sons and daughters, no matter how far
the line of descent extends.
Shaykh Ibn `Uthaymeen (may Allaah have mercy on
him), al-Fataawa al-Jaami'ah, 2/591
See also question no. 20750, 5538
And Allaah knows best.
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20750: Is the father of one's ex-husband a mahram?
Question:
As a woman of Islaam what should my relationship
with my ex father-in-law be? Is it necessary for me to cover
in his presence?.
Answer:
Praise be to Allaah.
The husband's father is considered to be a
woman's mahram even if her husband divorces her, because
Allaah says, stating who a one's mahrams are (interpretation
of the meaning):
"the wives of your sons who (spring) from your own
loins" [al-Nisa' 4:23]
In this case, the father-in-law becomes a mahram
simply as soon as the marriage contract is completed; if a
man makes a marriage contract with a woman, then the
man's father becomes a mahram for his son's wife, even if
the marriage is not consummated.
This is what the scholars called al-mahaarim
bi'l-musaaharah (mahrams by marriage).
The women who become mahrams through marriage
are of four types:
1 _ Women married by one's father (i.e., father's
wife and also grandfathers' wives). Allaah says
(interpretation of the meaning):
"And marry not women whom your fathers married"
[al-Nisa' 4:22]
2 _ One's wife's mother or grandmother:
"Forbidden to you (for marriage) are… your
wives' mothers…"
[al-Nisa' 4:23 _ interpretation of the
meaning]
3 _ One's stepdaughter (a wife's daughter by a
previous husband). The stepdaughter is not a mahram unless
the man has consummated the marriage with her mother.
If he simply made a marriage contract with her but did
not consummate the marriage, then she is not a
mahram, because Allaah says (interpretation of the meaning):
"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"
[al-Nisa' 4:23 _ interpretation of the
meaning]
4 _ One's son's wife and one's grandsons' wives,
because Allaah says (interpretation of the meaning):
"the wives of your sons who (spring) from your own loins"
[al-Nisa' 4:23 _ interpretation of the
meaning]
From Jaami' Ahkaam al-Nisa' by al-`Adawi, 5/302
Shaykh Muhammad ibn `Uthaymeen (may Allaah have mercy on him) said:
Allaah says (interpretation of the meaning):
"… 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), — the wives of your
sons who (spring) from your own loins …"
[al-Nisa' 4:23]
These three are mahrams by marriage. The phrase
"your wives' mothers" means that it is haraam for a man to
marry the mother or grandmother of his wife, no matter how
far the line of ascent reaches (i.e., great-grandmother,
etc), whether that is through the mother's line or the
father's. She becomes his mahram as soon as the marriage
contract is done.
If a man makes a marriage contract with a woman,
it becomes haraam for him to marry her mother and
she becomes one of his mahrams even if the marriage
with her daughter is not consummated. If it so happens
that the daughter dies or he divorces her, then he is still
a mahram for her mother. If it so happens that consummation of the marriage is delayed, then he is
still a mahram to her mother; she may uncover her face
in front of him and he may travel with her and be alone
with her, and there is no sin on him, because the mother
and grandmother of the woman become mahrams as soon
as the marriage contract is done, because Allaah says
"your wives' mothers", and a woman becomes a man's wife
as soon as the marriage contract is done.
The phrase "the wives of your sons who (spring)
from your own loins" means that it becomes haraam for a
man to marry the wife of his son or grandson, no matter
how far the line of descent extends, as soon as the
marriage contract is done. The wife of one's son's son
(grandson) becomes a mahram to the grandfather as soon as
the marriage contract is done. Hence if a man makes a
valid marriage contract with a woman, then he divorces
her immediately thereafter, she becomes a mahram for
his father and grandfather, no matter how far the line of
ascent reaches, because of the general meaning of the phrase,
"the wives of your sons who (spring) from your
own loins".
The woman becomes permissible for her husband as
soon as the marriage contract is done.
From al-Fataawa al-Jaami'ah li'l-Mar'ah
al-Muslimah, 2/591.
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13728: Women appearing in front of men
Question:
Many men in some families allow their wives,
daughters and sisters to appear in front of men who are not
their mahrams, such as their friends and colleagues, and
let them sit with them and talk to them as if they were
their mahrams. If we advise them they say that this is
their custom and the custom of their forefathers, and they
claim that their hearts are clean. Some of them are proud
and arrogant although they understand the ruling, and
others are ignorant of the ruling. What is your advice to them?.
Answer:
Praise be to Allaah.
What every Muslim must do is not to rely on
customs; rather he should refer the matter to the pure
sharee'ah. Whatever Islam approves of is permissible and
whatever it does not approve of, he should not do it. The fact
that people are accustomed to a thing does not
constitute evidence that it is permissible. All the customs that
people may have in their cities or tribes should be referred to
the Book of Allaah and the Sunnah of His Messenger
(peace and blessings of Allaah be upon him). Whatever
Allaah and His Messenger have permitted is permissible,
and whatever Allaah has forbidden must be given up, even
if it is the people's custom. If the people are accustomed
to being careless concerning the matter of khulwah
(being alone with a non-mahram member of the opposite
sex) or of women uncovering their faces in front of
non-mahrams, these are false customs which must be
given up. Similarly if people are accustomed to
adultery, homosexuality and drinking alcohol, they must give
up these things. What is customary does not count as
proof, rather sharee'ah comes above all things, so the one
whom Allaah has guided to Islam has to keep away from
that which Allaah has forbidden of alcohol, adultery,
theft, disobedience towards parents, severing the ties of
kinship and everything that Allaah has forbidden, and he
must adhere to that which Allaah has enjoined.
Similarly the family must respect the command of
Allaah and His Messenger, and keep away from that which
Allaah and His Messenger have forbidden. If it is their
custom for their women folk to appear in front of
non-mahrams or to be alone with a non-mahram, they must give
up those practices.
A woman should not uncover her face or anything else
in front of her cousin, her sister's husband, or her
husband's brothers or uncles (paternal or maternal). Rather she
must observe hijab and cover her face and head and entire
body in front of any non-mahram. With regard to
speaking, there is nothing wrong with that, such as returning
the greeting of salaam or initiating it, so long as she
observes hijab and avoids being alone with any
non-mahram, because Allaah says (interpretation of the meaning):
"And when you ask (his wives) for anything you
want, ask them from behind a screen, that is purer for your
hearts and for their hearts"
[al-Ahzaab 33:53]
"O wives of the Prophet! You are not like any
other women. If you keep your duty (to Allaah), then be not
soft in speech, lest he in whose heart is a disease (of
hypocrisy, or evil desire for adultery) should be moved with
desire, but speak in an honourable manner"
[al-Ahzaab 33:32]
Allaah forbade the wives of the Prophet (peace
and blessings of Allaah be upon him) to be soft in
speech, i.e., to speak in a soft and alluring tone that might
give hope to the one in whose heart is a disease, i.e., the
disease of desire and make him think that she is easy and has
no objections. Rather she should speak in a moderate
tone that is neither too harsh nor too soft. And Allaah tells
us that hijab is purer for the hearts of everyone.
And Allaah says (interpretation of the meaning):
"O Prophet! Tell your wives and your daughters and
the women of the believers to draw their cloaks (veils)
all over their bodies (i.e. screen themselves completely
except the eyes or one eye to see the way). That will be
better, that they should be known (as free respectable
women) so as not to be annoyed. And Allaah is Ever
OftForgiving, Most Merciful"
[al-Ahzaab 33:59]
The jilbab (cloak, veil) is a garment which covers
the head and body; the woman puts it over her head and
covers her body with it, wearing it over her clothes. And
Allaah says (interpretation of the meaning):
"And tell the believing women to lower their gaze
(from looking at forbidden things), and protect their
private parts (from illegal sexual acts) and not to show off
their adornment except only that which is apparent (like
both eyes for necessity to see the way, or outer palms of
hands or one eye or dress like veil, gloves, headcover,
apron), and to draw their veils all over Juyoobihinna (i.e.
their bodies, faces, necks and bosoms) and not to reveal
their adornment except to their husbands, or their fathers,
or their husband's fathers, or their sons, or their
husband's sons, or their brothers or their brother's sons, or
their sister's sons, or their (Muslim) women (i.e. their
sisters in Islam), or the (female) slaves whom their right
hands possess, or old male servants who lack vigour, or
small children who have no sense of feminine sex…"
[al-Noor 24:31]
With regard to those mentioned in this verse, there
is nothing wrong with a woman showing her adornment
to them.
So all Muslim women must fear Allaah and avoid
that which Allaah has forbidden to them of showing
their adornment to anyone other than those to whom
Allaah has permitted them to show it.
Majmoo' Fataawa wa Maqaalaat Li'l-Shaykh Ibn
Baaz, 6/406
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32455: A woman marrying her father's maternal uncle
Question:
Is it permissible for a girl to marry her father's
maternal uncle?.
Answer:
Praise be to Allaah.
It is not permissible for a girl to marry her father's
maternal uncle, because her father's maternal uncle is also
her maternal uncle, so he is a mahram. 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, your brother's daughters, your sister's
daughters" [al-Nisa' 4:23]
The scholars (may Allaah have mercy on them) have
stated that the paternal uncle of a father is also the paternal
uncle of his son, and the maternal uncle of a father is also
the maternal uncle of his son.
And Allaah knows best,
See al-Muqni' wa'l-Insaaf wa'l-Sharh
al-Kabeer (ed. By al-Turki), 20/277.
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10239: The wife of your wife's father is not a mahram
for you
Question:
Is my wifes stepmother my mahrem .
Answer:
Praise be to Allaah.
The wife of your wife's father is not considered to be
a mahram for you, so it would be permissible for you
to marry her, because whether or not a person is a
mahram can only be proven by a text of sharee'ah, and there is
no text to state that this person is a mahram. Rather,
when Allaah listed the women who are mahrams, He stated
that all others are permissible for marriage. Allaah
says (interpretation of the meaning):
"All others are lawful" [al-Nisa'
4:24]
Not only that, it is also permissible to be married to
a woman and her father's ex-wife at the same time, according to the majority of scholars.
Ibn Rajab al-Hanbali said:
Being married to a man's ex-wife and his daughter
from another wife at the same time is permissible according
to the majority but is makrooh according to some of the
salaf. Jaami' al-`Uloom wa'l-Hukam, p. 411
Imam al-Shaafa'i said:
If a man is married to the daughter of a man and the
ex-wife of her father (at the same time), Abu Haneefah
(may Allaah have mercy on him) said that this is
permissible, and we heard that `Abd-Allaah ibn Ja'far did that.
Al-Shaafa'i (may Allaah have mercy on him) said:
There is nothing wrong with being married to a man's
ex-wife and his daughter from another wife.
Al-Umm, 7/155
Imam Ibn Hazm said:
It is permissible for a man to be married to a woman
and to the ex-wife of her father and the ex-wife of her son
and the daughter of her paternal uncle at the same
time, because there is no text which states that this is
haraam. This is the view of Abu Haneefah, Maalik,
al-Shaafa'i and Abu Sulaymaan.
Al-Muhalla, 9/532.
Ibn Qudaamah said:
There is nothing wrong with being married to a
woman who was the wife of a man and his daughter from
another wife.
Most of the scholars say that it is permissible to be
married to a woman and her stepdaughter at the same time.
`Abd-Allaah ibn Ja'far and Safwaan ibn Umayyah did that.
This is the view of all the fuqaha' apart from al-Hasan,
`Ikrimah and Ibn Abi Layla; it was narrated that they regarded it
as makrooh.
Allaah says (interpretation of the meaning):
"All others are lawful"
[al-Nisa' 4:24]
And because they are not related, they are like
two strangers. And because marrying two
closely-related women at the same time is forbidden lest there be
a severing of family ties between those who are
closely related. There is no such relationship between these
two, so their case is different from what has been mentioned.
Al-Mughni, 7/98
Based on this, then the wife of your wife's father is
not counted as one of your mahrams, rather she is a
"stranger" to you, so you may not shake hands with her or be
alone with her or travel with her.
And Allaah knows best.
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21953: Should she wear hijab in front of her
Christian maternal uncle?
Question:
My Mother was a christian and she converted 16
years ago, her family is still christian. I for the time being
live with them, and my Uncle my Mothers real brother
lives with his parents i.e. in the same place as I do. While
I mentiones this to some friends they said that I have
to wear a Hijab infront of him. I do not agree because he
is a Mahram even though he is a christian. Please help
me with this.
Answer:
Praise be to Allaah.
Your maternal uncle is considered to be a mahram
for you, and on this basis it is permissible for you to take
off your hijab in front of him. There is no report that
the Prophet (peace and blessings of Allaah be upon
him) ordered the Muslim women to observe hijaab in front
of their kaafir relatives.
But the scholars have mentioned that the relative in
front of whom the woman takes off her hijab should
be trustworthy. This condition applies to both Muslims
and kaafirs.
They mentioned that in the context of women
shaking hands with or kissing their relatives. But if her
mahram is not trustworthy in the sense that he may describe her
to others or be tempted by seeing her, then she
should observe hijab in front of him, regardless of whether he
is a Muslim or a kaafir. One of the unique
opinions [mufridaat] of Imam Ahmad (may Allaah have mercy
on him) is that he stated that the mahram who
accompanies a Muslim woman when travelling must be a Muslim,
but some of his companions did not agree with him on
this condition. The reason why he did not allow a kaafir to
be a mahram for travel purposes is that he is not
trustworthy, especially if he is a Magian. He stated that such a
person could not be a mahram for his mother because he
thinks that it is permissible to have intercourse with her! One
of his companions stated that a Jew or a Christian
might sell his mother or kill her! If we look at these reasons
we will see that they could be applied to some
evildoers among the Muslims, so we can see that this is not a
strong argument for the idea that a kaafir cannot be counted as
a mahram because of his being a kaafir. But other considerations remain valid, such as his being
trustworthy or otherwise.
This has to with mahrams. In the case of
non-mahrams who are kaafirs, there was a difference of opinion
among the scholars as to whether it is permissible for a
kaafir woman to see a Muslim woman. The most correct
opinion is that it is permissible, and the prohibition applies in
cases where one cannot be sure that the woman will not
describe the Muslim woman to others who are non-mahrams
to her, whether that woman is a Muslim or a kaafir.
Shaykh Ibn `Uthyameen (may Allaah have mercy on
him) was asked:
Is it permissible for a Muslim woman to uncover her
hair in front of a non-Muslim woman, especially if she
will describe the Muslim woman to men among her
relatives who are not Muslim?
The answer was:
This issue is based on differences of scholarly
opinion concerning the interpretation of the aayah:
"And tell the believing women to lower their gaze
(from looking at forbidden things), and protect their
private parts (from illegal sexual acts) and not to show off
their adornment except only that which is apparent (like
both eyes for necessity to see the way, or outer palms of
hands or one eye or dress like veil, gloves, headcover,
apron), and to draw their veils all over Juyoobihinna (i.e.
their bodies, faces, necks and bosoms) and not to reveal
their adornment except to their husbands, or their fathers,
or their husband's fathers, or their sons, or their
husband's sons, or their brothers or their brother's sons, or
their sister's sons, or their women …"
[al-Noor 24:31]
The scholars differed as to the meaning of the pronoun
in the word nisaa'ihinna (their women). Some of them
said that what it referred to was the gender, i.e., women
in general. Some of them said that what it referred to was
a specific type of women, i.e., believing women only.
According to the first view, it is permissible for a
woman to uncover her hair and face in front of a
non-Muslim woman, and according to the second opinion it is
not permissible.
We are inclined towards the first view, which is
more likely to be correct, because when a woman is with
another woman there is no difference between a Muslim
woman and a non-Muslim woman. This is the case so long
as there is no fitnah or temptation. But if there is the fear
of fitnah, such as the risk that she may describe the
Muslim woman to her male relatives, then it is essential to
take precautions against fitnah in that case, and she
should not uncover any part of her body such as her legs or
hair in front of another woman, regardless of whether she
is Muslim or not.
And Allaah knows best.
Fataawa al-Mar'ah al-Muslimah, 1/532, 533
And Allaah knows best.
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12837: Sitting with husband's relatives and shaking
hands with them
Question:
My husband's family always ridicule me for wearing
my headscarf even when I'm in the house with them
during family gatherings or Eid celebrations. They say you
dont have to cover up amongst family members. I know
about the rules of women aurat amonst non mahram in
Islam and would like to preseve it, How can I counter
their comments amicably yet preach on them about
the wholesome adoption of Islam? Also, are
husband's nephews mahram to his wife? I have checked with
some ustaz and they told me they are not. However, because
of family and husband's insistance ( so as not to hurt
their feelings) , I still salam (handshake) with them as this
is normal practice in the family. I feel very trubled about
it and seek Allah guidance abd forgiveness.
Answer:
Praise be to Allaah.
Firstly:
We ask Allaah to help you to do good, and to make
things easy for you and relieve you of your distress. For what
a Muslim woman hears and sees of those who have
turned away from the religion of Allaah or whose
commitment has become very weak, she has to bear that with
patience and seek reward for things that she suffers. She had
to have hope in her Lord and ask Him to help her to
remain steadfast.
It is not permissible for her to respond to their
demands or to go along with their whims and desires for her to
mix with them, look at them, shake hands with them and
give up hijaab, because if she pleases them in this manner
she will incur the wrath of her Lord.
Secondly:
The sons of your husband's brothers and sisters are
not mahrams, rather they are among the people of whom
you should be extra cautious, because the Prophet
SAWS (peace and blessings of Allaah be upon him) likened
them to death.
It was narrated from `Uqbah ibn `Aamir that the Messenger of Allaah (peace and blessings of Allaah
be upon him) said: "Beware of entering upon women."
A man from among the Ansaar said, "O Messenger
of Allaah, what about the in-law?" He said, "The in-law
is death." (Narrated by al-Bukhaari, 4934; Muslim, 2172)
Al-Nawawi said: The scholars of Arabic language
are agreed that al-hamu (translated here as "in-law")
refers to the relatives of a woman's husband, such as his
father, paternal uncle, brother, brother's son (nephew),
cousin (son of paternal uncle), etc.
Akhtaan (sing. khatan) refers to the relatives of a man's wife, and
ashaar (sing. suhr) refers to both.
With regard to the Prophet's words "The in-law is
death," what this means is that there is more fear with regard
to him than anyone else, and evil is to be expected of
him, and the fitnah (temptation) is greater because he is
able to reach the woman and be alone with her without
anyone denouncing that, unlike the case of one who is a
stranger. What is meant by "in-law"
(hamu) here is the relatives of the husband apart from his father/grandfather and
sons/grandsons. Fathers/grandfathers and sons/grandsons
are mahrams for his wife and it is permissible for them to
be alone with her. The word "death" here does not refer
to them. Rather what is meant is the brother, brother's
son, paternal uncle, cousin, etc, who are not mahrams.
People are usually careless about this matter and a man may
let his wife be alone with his brother. This is what is
referred to by "death" and should be prevented more than her
being alone with a stranger for the reasons mentioned
above. What we have mentioned is the correct meaning of
the hadeeth.
Sharh Muslim, 14/154
Shaykh `Abd al-`Azeez ibn Baaz (may Allaah have
mercy on him) said:
It is permissible for a woman to sit with her
husband's brothers or cousins, etc., if she is wearing complete
shar'i hijaab, which means covering her face, hair and
entire body, because she is `awrah and fitnah. That is if there
is nothing dubious about the gathering. But if the
gathering is one in which there is something dubious, then it is
not permitted, such as sitting with them in order to listen
to singing and musical instruments, etc.; and it is
not permissible for her to be alone with any one of them
or with anyone else who is not a mahram for her,
because the Prophet (peace and blessings of Allaah be upon
him) said: "No man should be alone with a
(non-mahram) woman unless she has a mahram with her."
(Saheeh; agreed upon). And he (peace and blessings of Allaah
be upon him) said: "No man should be alone with a
(non-mahram) woman, for the third one present will be
the Shaytaan." (Narrated by Imam Ahmad with a
saheeh isnaad from `Umar ibn al-Khattaab. May Allaah
be pleased with him).
And Allaah is the Source of strength.
Fataawa al-Mar'ah al-Muslimah, 1/422, 423
Thirdly:
As for a woman shaking hands with a non-mahram
man, this is haraam. It is not permitted for you to take this
matter lightly just because your relatives or your
husband's relatives want you to.
It was narrated from `Urwah that `Aa'ishah told him
about the bay'ah (oath of allegiance) given by the women:
"The hand of the Messenger of Allaah (peace and blessings
of Allaah be upon him) never touched the hand of
any woman. When he accepted the oath of allegiance from
a woman, he would accept her words and then say,
`Go, for you have sworn your allegiance.'"
(Narrated by Muslim, 1866)
So this infallible one, the best of all mankind, the
leader of the sons of Adam on the Day of Resurrection, did
not touch women, even though the bay'ah or oath of
allegiance originally was done by giving one's hand. So the
ruling should be even more strict with regard to other men?
It was narrated that Umaymah the daughter of
Raqeeqah said: The Messenger of Allaah (peace and blessings
of Allaah be upon him) said: "I do not shake hands
with women."
(Narrated by al-Nasaa'i, 4181; Ibn Maajah, 2874;
classed as saheeh by Shaykh al-Albaani in Saheeh
al-Jaami', 2513)
Shaykh Ibn Baaz (may Allaah have mercy on him) said:
Shaking hands with women with a barrier in between
is something that is subject to further debate, but the
view which is most likely to be correct is that it is not
allowed at all, based on the general meaning of the
ahaadeeth, because the Prophet (peace and blessings of Allaah
be upon him) said, "I do not shake hands with women,"
and so as to ward off the means (that may lead to
immoral actions). And Allaah knows best.
Haashiyat Majmoo'ah Rasaa'il fi'l-Hijaab
wa'l-Sufoor, 69.
And Allaah knows best.
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20248: Is my husband a mahram for my brother's daughter whom I brought up?
Question:
I have custody of my niece and I am married, is
my husband my nieces' mahram and does my niece have
to cover in front of my husband in the house, she is 16
teens years of age
Answer:
Praise be to Allaah
Allaah has mentioned, in His Book, the men before
whom a woman is permitted not to observe hijaab. Allaah
says (interpretation of the meaning):
"And tell the believing women to lower their gaze
(from looking at forbidden things), and protect their
private parts (from illegal sexual acts) and not to show off
their adornment except only that which is apparent (like
both eyes for necessity to see the way, or outer palms of
hands or one eye or dress like veil, gloves, headcover,
apron), and to draw their veils all over Juyoobihinna (i.e.
their bodies, faces, necks and bosoms) and not to reveal
their adornment except to their husbands, or their fathers,
or their husband's fathers, or their sons, or their
husband's sons, or their brothers or their brother's sons, or
their sister's sons, or their (Muslim) women (i.e. their
sisters in Islam), or the (female) slaves whom their right
hands possess, or old male servants who lack vigour, or
small children who have no sense of feminine sex. And let
them not stamp their feet so as to reveal what they hide of
their adornment. And all of you beg Allaah to forgive you
all, O believers, that you may be successful"
[al-Noor 24:31]
For more details please see Question no. 5538.
Since the husband of a maternal or paternal aunt is
not mentioned in this verse, the ruling is that the
general principle of observing hijab in front of him applies in
this case, unless this woman (the aunt) had breastfed
her brother's child, in which case her husband would
be regarded as a father to her through radaa'ah (breastfeeding), in which case he would be a mahram
for her. So if you did not breastfeed this niece, then she
has to observe hijaab in front of your husband, in
obedience to the command of Allaah, which is best for both
parties. That is purer for the hearts and furthest removed
from fitnah (temptation).
We ask Allaah to reward you and your husband with
good for taking care of this girl and bringing her up, and
that He will cause that to weigh heavily in the balance of
your good deeds.
Islam Q&A
Sheikh Muhammed Salih Al-Munajjid
(www.islam-qa.com)
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13231: Ruling on observing hijaab in front of one's son
in law
Question:
Some women wear hijaab in front of their
daughters' husbands, and they refuse to greet them with salaam
or shake hands. Is it permissible for them to do that or not?
Answer:
Praise be to Allaah.
The husband of a woman's daughter is one of the
mahrams through marriage, so it is permissible for him to see
of her what he is permitted to see of his mother,
sister, daughter and all other mahrams. For a woman to
cover her face, hair, forearms etc. in front of her
daughter's husband is a kind of extremism in hijaab. Refusing
to shake hands with him when meeting is also a kind
of extremism. That may lead to problems or a breakdown
in relations. She should avoid being extreme in this
manner unless she has some reason to doubt him or she feels
that the way he looks at her is not proper, in which case she
is doing the right thing.
Standing Committee for Issuing Fatwas in al-Fataawa
al-Jaami'ah li'l-Mar'ah al-Muslimah, vol. 3, p.
822 (www.islam-qa.com)
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13257: Uncovering in front of the husband's father
through radaa'ah
Question:
What is the ruling on a woman uncovering her face
in front of her husband's father through radaa'ah (breastfeeding) [i.e., the husband of the woman
who breastfed him in infancy]?
Answer:
Praise be to Allaah.
It is not permissible for a woman to uncover her face
in front of her husband's father through
breastfeeding, according to the correct view which was favoured
by Shaykh al-Islam Ibn Taymiyah, because the
Messenger (peace and blessings of Allaah be upon him) said:
"The same people become mahrams through breastfeeding
as those who are mahrams through blood ties."
The husband's father is not a mahram for his son's
wife through blood ties, but he becomes a mahram
through the marriage tie, because Allaah says (interpretation
of the meaning):
"Forbidden to you (for marriage) are: … the wives
of your sons who (spring) from your own loins"
[al-Nisa' 4:23]
A son through breastfeeding is not the same as a son
from one's own loins. On this basis, if a woman's husband
has a father through breastfeeding, then she must
observe hijaab in front of him and not uncover her face in front
of him. If we assume that she were to separate from his
son through breastfeeding, it would not be permissible
for her to marry him, in order to be on the safe side,
because this is the view of the majority of scholars.
Shaykh Ibn `Uthaymeen in al-Fataawa al-Jaami'ah
li'l-Mar'ah al-Muslimah, part 3, p. 822
(www.islam-qa.com)
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14333: This woman is not your mahram
Question:
I would like to know what is my relationship to
my brother-in-laws (wife's brother) wife. She calls me
brother and I treat her like my sister. Is this allowed in
Islam. Please advice.
Answer:
Praise be to Allaah.
It is not permissible for you to treat your wife's
brother's wife as your sister, because she is not one of
your mahrams. So it is not permissible for her to appear
before you without proper hijab, and it is not permissible
for you to be alone with her, or to shake hands with her, or
to look at her, or to speak to her except from behind a
screen, when there is no fear of fitnah (temptation). Allaah
has forbidden the believing women to show their
adornment except to specific people. Allaah says (interpretation
of the meaning):
"…and not to reveal their adornment except to
their husbands, or their fathers, or their husband's fathers,
or their sons, or their husband's sons, or their brothers
or their brother's sons, or their sister's sons, or
their (Muslim) women (i.e. their sisters in Islam), or
the (female) slaves whom their right hands possess, or
old male servants who lack vigour, or small children
who have no sense of feminine sex. And let them not
stamp their feet so as to reveal what they hide of their
adornment. And all of you beg Allaah to forgive you all, O
believers, that you may be successful"
[al-Noor 24:31]
You are not one of the people mentioned in the aayah,
so this ruling does not apply to you. And Allaah knows best.
See also question no. 5538.
Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)
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12335: Is one's mother's cousin considered to be
a mahram?
Question:
I would like to ask whether the first cousin of my mom
is a mahram for me or not.
Answer:
Praise be to Allaah.
Your mother's cousin is not a mahram for your
mother, let alone for you. It is permissible for him to marry
you, as you are not a mahram for him. Among the
conditions of mahram is that it should be permanently forbidden
for you to marry him. See the answer to Question #
5538.
Islam Q&A Sheikh Muhammed Salih Al-Munajjid
(www.islam-qa.com)
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7847: A Woman Does not Act as a Mahram for
Another Woman
Question:
an a woman be considered a mahram for a woman she
is not related to for purposes of traveling or sitting
with others?
Answer:
Praise be to Allaah.
A woman cannot be a mahram for another. The one
who is considered mahram is a man that a woman
cannot marry due to blood relations, such as her
father and her brother, or a man related to her due to
marriage, such as
her husband, her father-in-law and her step-son, or a
man related due to breast feeding, such as her father from breast
feeding and so forth.
It is not allowed for a man to be in private with a
woman he is not related to nor can he travel with her. The Prophet
(peace be upon him) said,
"A woman does not travel except with a mahram."
This was recorded by al-Bukhari and Muslim. The
Prophet (peace be upon him)
also said,
"A man is never alone with a woman except that Satan
is the third."
This was recorded by Imam Ahmad and others from
the hadith of Umar with a sahih chain.
Shaikh ibn Baz
(www.islam-qa.com)
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6102: Should she cut off her ties with her adopted
brother who has left Islam (is an apostate)?
Question:
My friends brother is adopted. He was not breastfed
by her mother. Her mother got him when he was 3
months old from an adoption agency. There are no blood
ties between them. She is muslim, he is muslim but he
reverts back to the kuffar way of life. If he backbites her and
he tells lies about her to other people, Can she cut ties
off with him since he is adopted and there is no blood
between them from the mother or father or anybody else?
DOEs she still offer him salaams even though he is a revert
Answer:
Praise be to Allaah.
This person has no ties to this family, whether
through blood or through breastfeeding (radaa'ah). On this
basis, if he is a mature and responsible adult, it is not
permissible for him to mix with them and look at that which
is forbidden. This is the case if he is still Muslim, let
alone if he has left Islam.
So it is not permissible for her to shake hands with
him, or to be alone with him, or to uncover in front of
him, because he is not a mahram. (See also question #
5538). She should not greet him with salaam nor return
his greeting so long as he is a murtadd (apostate). We
ask Allaah to keep us all safe and sound.
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5538: Who are the mahrams in front of whom a
woman can uncover?
Question:
what people can a muslimah take her hijab off from?
Answer:
Praise be to Allaah.
It is permissible for a woman to take off her hijaab
in front of her mahrams.
A woman's mahram is a person whom she is never permitted to marry because of their close
blood relationship (such as her father, grandfather,
great-grandfather, etc., and her son, grandson,
great-grandson, etc., her paternal and maternal uncles, her
brother, brother's son and sister's son), or because because
of radaa'ah or breastfeeding (such as the brother and
husband of the woman who breastfed her), or because they
are related by marriage (such as the mother's husband,
the husband's father, grandfather, etc., and the husband's
son, grandson, etc.). More details on this subject are
given below:
Mahrams by ties of blood
These are the ones mentioned in Soorat
al-Noor, where Allaah says (interpretation of the meaning):
"… and not to reveal their adornment except to
their husbands, or their fathers, or their husband's fathers,
or their sons, or their husband's sons, or their brothers
or their brother's sons, or their sister's sons…"
[al-Noor 24:31].
The mufassireen said: the woman's male mahrams by
ties of blood, as stated clearly in this aayah or inferred by
it are as follows:
1- the woman's forefathers, no matter how far back
the line of ascent goes through her father and her
mother, such as her father's forefathers and her
mother's forefathers. As for her husband's forefathers, they are
her mahrams by marriage, as we shall see below.
2- her sons, which includes her children's children,
no matter how the line of descent goes and whether they
are descended from males or females, such as her sons'
sons and her daughters' sons. As for her "husband's
sons" mentioned in the aayah, these are the husband's sons
from other wives, and these are her mahrams by marriage,
not by blood, as we shall see below.
3- her brothers, whether they are her brothers
through both the mother and father, or through the father only
or the mother only.
4- the children of her siblings, whether they are
descended through the males or females, such as the sons of
her sister's daughters.
5- paternal uncles and maternal uncles. They are
mahrams by blood even though they are not mentioned in the
aayah, because they are like parents and are regarded by
people as having the same status as parents, and a paternal
uncle may be called a father. Allaah says (interpretation of
the meaning):
"Or were you witnesses when death approached
Ya`qoob (Jacob)? When he said unto his sons, "What will
you worship after me?" They said, "We shall worship
your Ilaah (God — Allaah) the Ilaah (God) of your
fathers, Ibraaheem (Abraham), Ismaa'eel (Ishmael),
Ishaaq (Isaac)…" [al-Baqarah 2:133]. Ismaa'eel was
the paternal uncle of the sons of Ya'qoob.
(Tafseer al-Raazi, 23/206; Tafseer
al-Qurtubi, 12/232, 233; Tafseer
al-Aaloosi, 18/143; Fath al-Bayaan fi Maqaasid
al-Qur'aan [Qur'an, Quran] by Siddeeq Hasan Khaan, 6/352)
Mahrams by radaa'ah (breastfeeding)
A woman may have mahrams through radaa'ah. It
says in Tafseer al-Aloosi:
"The relationship of mahram which permits a woman
to show her adornments may be through radaa'ah as well
as through blood ties, so it is permissible for a woman
to show her adornments to those who are her fathers or
sons through radaa'ah." (Tafseer
al-Aaloosi. 18/143) The relationship of mahram by radaa'ah is like the
relationship of mahram by blood _ it means that marriage is
forever forbidden by virtue of that relationship of mahram.
This was the view stated by Imaam al-Jassaas when
he commented on this aayah. He said (may Allaah
have mercy on him): "When Allaah mentioned the fathers
and that their marriage to these women is forbidden
forever, this indicates that the same prohibition applies in
other relationships of mahram, such as the mother of the
woman and those who are mahrams by radaa'ah, etc."
(Ahkaam al-Qur'aan [Qur'an, Quran] by al-Jassaas, 3/317).
The same things are made haraam by radaa'ah as by
ties of blood.
It also says in the Sunnah: "The same things are
made haraam by radaa'ah as by ties of blood." This means
that the people who are mahram to a woman because of
blood ties are also mahram because of radaa'ah. It was
reported in Saheeh Muslim that `Aa'ishah
Umm al-Mu'mineen (may Allaah be pleased with her) said that Aflah
the brother of Abu Qu'ays came and asked permission to
see her. He was her uncle through radaa'ah. This was
after hijaab had been revealed, so she refused to give
him permission. When the Messenger of Allaah (peace
and blessings of Allaah be upon him) came, she told him
about what she had done and he told her to give him
permission. (Saheeh al-Bukhaari bi Sharh
al-`Asqallaani, 9/150). This hadeeth was also narrated by Imaam Muslim, where
the wording is: from `Urwah from `Aa'ishah, who told
him that her uncle by radaa'ah, who was called Aflah,
asked permission to see her and she did not let him. She
told the Messenger (peace and blessings of Allaah be
upon him) and he said to her, "Do not observe hijaab in
front of him, because the same relationships of mahram
are created by radaa'ah as by blood ties."
(Saheeh Muslim bi Sharh al-Nawawi, 10/22)
A woman's mahrams through radaa'ah are the same
as her mahrams through blood ties
In accordance with the Qur'aan [Qur'an, Quran] and Sunnah, the
fuqahaa' have stated that a woman's mahrams through
radaa'ah are the same as her mahrams through blood ties. It
is permissible for her to display her adornments before
her mahrams by radaa'ah just as it is permissible for her
to display her adornments before her mahrams by blood
ties. It is permissible for her mahrams by radaa'ah to
see whatever of her body it is permissible for her
mahrams by blood ties to see.
Mahrams by marriage
A woman's mahrams by marriage are those whom it
is forever forbidden to marry, such as the father's wife,
the son's wife or the wife's mother. (Sharh
al-Muntahaa, 3/7).
The mahram by marriage of the father's wife is his
son from another wife, for the wife of the son it is his
father, and for the mother of the wife it is the husband.
Allaah says in Soorat al-Noor (interpretation of the meaning):
"… and not to reveal their adornment except to
their husbands, or their fathers, or their husband's fathers,
or their sons, or their husband's sons…" [al-Noor
24:31]. Their husband's fathers and their husband's sons
are mahrams of the woman by marriage. Allaah
mentioned them along with their (the women's own) fathers and
sons, and made them all the same in the sense that women
may display their adornments in front of them.
(Al-Mughni, 6/555)
Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)
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4332: His grandfather's daughter is also his
paternal uncle's wife
Question:
Am I classified as a Muhram for the wife of my
uncle after being divorced ( she is originally my grand
father daughter )
.Jazaka Allahu Khira.
Answer:
Praise be to Allaah.
Your grandfather's daughter must necessarily be
your maternal aunt (khaalah) or paternal aunt (`ammah). If
she is the daughter of your father's father, she is your
paternal aunt, and if she is the daughter of your mother's
father, then she is your maternal aunt. If she is your aunt,
whether the sister of your father or the sister of your mother,
then you are a mahram for her, regardless of whether she
is married to your uncle or not. It seems from the
question that she is the daughter of your maternal grandfather
(your mother's father).
Islam Q&A Sheikh Muhammed Salih Al-Munajjid
(www.islam-qa.com)
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316: Prohibition of a woman travelling without a
mahram, and conditions of a mahram
Question:
Assalam O Alikium My mother is planning to go
to ummrah inshallah. But she needs a mairram and
her husband nor her brothers are able to go. We have
asked an alm he said she can go with her brother in-law
which is also her first cousin. As long as his wife is there
which she will be cause she's going too. Is this permissable
in Islam because I still have my doubts. Jazak allah ho karun.
Answer:
Praise be to Allaah.
One of the ways in which Islam protects women is that
it requires a woman to travel with a mahram, to protect
her from those who have bad intentions and to help
her, because of her weakness, in facing the arduous trials
of travelling. A woman is not permitted to travel without
a mahram because of the hadeeth narrated by Ibn
`Abbaas (may Allaah be pleased with him), who reported that
the Prophet (peace and blessings of Allaah be upon him)
said: "A woman should absolutely not travel unless she has
a mahram with her." A man stood up and said,
"O Messenger of Allaah, I have enlisted in such-and-such
a military campaign, and my wife has set out for Hajj."
He said, "Go and do Hajj with your wife."
(al-Bukhaari, al-Fath, 3006).
What indicates that a mahram is obligatory is the
fact that the Prophet (peace and blessings of Allaah be
upon him) commanded this man to give up the idea of
jihaad (on this occasion), even though he had enlisted for
a campaign and his wife was travelling for the purpose
of worship, not for some frivolous or suspicious reason.
In spite of all this, he told him to go and do Hajj with
his wife.
The ulamaa' have listed five conditions for a person to
be considered a mahram. He should be male, Muslim,
adult, and of sound mind, and he should be a relative to
whom marriage is permanently forbidden, such as a
father, brother, paternal uncle, maternal uncle, father in
law, mother's husband or brother through radaa'ah (breastfeeding), etc. (as opposed to relatives to
whom marriage is temporarily forbidden, such as a
sister's husband, paternal aunt's husband, maternal
aunt's husband).
On this basis, the husband's brother and the son of
a paternal or maternal uncle are not mahrams, so it is
not permitted for her to travel with them. And Allaah
knows best.
Islam Q&A
Sheikh Muhammed Salih Al-Munajjid
(www.islam-qa.com)
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2661: Ruling on marrying an uncle's wife
Question:
AS-Salam Alaykum,
Is it permissible for a man to marry his uncle's wife
after their divorce? What would his rights be towards the
kids, since they are his cousins? Thanking you. Allah's
blessing be on you.
Answer:
Praise be to Allaah.
A man is permitted to marry the wife of his maternal
uncle, if they divorce and after she has completed her
`iddah (waiting-period after divorce). An uncle's wife is not
a mahram (close relative to whom marriage is
permanently forbidden), so there is nothing wrong with marrying
her. But it is forbidden for a man to have any kind of
haraam relationship with his uncle's wife. Shaytaan could
make something that is bad appear attractive to them, so it
is essential to exercise caution. Also, it is not permitted
to make her hate her husband so that she will get
divorced and one can then marry her. One should try to
reconcile and reunite, not destroy and break up. In principle, it
is better for the children to stay with their father and
mother in one family unit, unless the interests of sharee'ah
in this case dictate otherwise. If the worst comes to the
worst, and they get divorced, and there is no suspicion
about your role in all this, then there is nothing wrong
with marrying the woman who has been divorced by
your uncle. Your treatment of your uncle's children
(your cousins), if they should come under your care, should
be fair and proper, based on the ties of kinship between
you. If you treat them well, doing so sincerely for the sake
of Allaah, then you will have a great reward from Him.
And Allaah knows best.
Islam Q&A Sheikh Muhammed Salih
Al-Munajjid (www.islam-qa.com)
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