1

My husband wants to marry my niece. I am not opposed to it, because he is a good man and she we both will benefit greatly. I am just having a hard time finding if it's legal.

Improve this question
2
  • I can't find the case of marrying a 'niece of one's wife' in the above link. Or is it inclusive in some category mentioned there?
    – Wailing Nightingale
    Commented May 21, 2015 at 3:28
  • This means he can marry her.
    – Zeina
    Commented Jan 25, 2017 at 8:19

5 Answers 5

Reset to default
7

According to Surat An Nisa'

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 gave you suck), foster-sisters; your wives' mothers; your step-daughters under your guardianship, born of your wives to whom ye have gone in,- no prohibition if ye have not gone in;- (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;- (4:23)

The Sister of the wife and her descendants are woman who are haram to marry simultaneously to the actual wife. If the man divorced his wife or she died he can marry either her sister or her niece. One could indirectly conclude this from the above verse or better rely on the sunnah:

"One cannot be married to a woman and her paternal aunt, or a woman and her maternal aunt at the same time."
(Sahih al-Bukhari, Sahih Muslim, Muwatta' Malik, Sunan an-Nasa-i, Sunan ibn Majah, Sunan abi Dawod and Jami' at-Tirmdihi with different versions)

For your niece you would be her maternal aunt!

So according to this Fatwa as long as the wife is alive or still married to his current wife the husband is prohibited to marry her niece. As the haram (not mahram as they are no real mahrams) status stays as long as the wife is alive or still in his hands.

This is the Sunni point of view i found a shia Fatwa which allow it only if the wife herself agrees to that marriage!

Improve this answer
3

No, he can't. While you two are married, your husband is an uncle to your niece, and marrying one's uncle is not allowed by consensus. Following links may help further in understanding the issues:

1) http://www.alifta.net/fatawa/fatawaDetails.aspx?languagename=en&View=Page&PageID=4053&PageNo=1&BookID=14

2) http://www.islamweb.net/emainpage/index.php?page=showfatwa&Option=FatwaId&Id=135225

3) http://www.muftisays.com/forums/86-qa-support--fiqh/9373-the-permissibility-of-marrying-a-woman-and-her-stepdaughter.html

Improve this answer
1

She is a mehrama to your husband as long as he is married to you, soon he divorce you, he can marry her. same would be the case after your death. But in case your husband is following Shi'a fikah, he can marry her with your permission.

Improve this answer
0

I can add a hadith directly and clearly denying that:

http://sunnah.com/tirmidhi/11/47:

Ibn Abbas narrated: "The Prophet prohibited marrying a woman along with her paternal aunt or along with her maternal aunt."

See also: http://sunnah.com/search/?q=aunt

Improve this answer
1
  • Clearly denying what? Are you referring to another answer? If so, please link to it.
    – Peter Mortensen
    Commented Jan 20, 2019 at 19:45
-1

Yes, it is halal.

The Ibn Abbas quote is true, but you should look at Tafseer Ibn Abbas. It clearly states the principle of precedent. If a man marries a woman; then there is no issue in him marrying her niece too. However, if he marries the niece first and consummates the marriage, then he cannot marry the aunt until he either divorces the niece or the niece dies.

Improve this answer

Not the answer you're looking for? Browse other questions tagged .