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Questions regarding the legality of marriage – How do non-biological relationships (milk mother/sibling, step-mother/step-sibling) affect if one can marry?

Answered according to Hanafi Fiqh by Askimam.org

Assalamualaikum, I have four questions pertaining to marriage. All of the following are real situations. 1) There are two people who want to get married. They are distant relatives. The man’s mother suckled the girl’s mother (ie. the girls mother and the man are milk brother and sister). Also, the girl’s mother suckled the man’s younger brother (ie: the girl and the man’s younger brother are milk brother and sister). This man and woman want to get married – the man is a milk brother to her mother, and the girl is a milk sister to his brother. Is it okay for them to get married? 2) There are a man and woman who were both previously married (not to each other) and have children who are grown. Both this man and this woman’s spouse passed away and they have now gotten married to each other. Now, their children want to get married (ie: step-siblings). Is this allowed? 3) If a widowed woman gets married to a man after her children (including a daughter) are grown up, is this man a mehram to his wife’s grown daughter? Does she have to cover in front of him? AND vice versa – If a man marries a woman and has a grown son from the previous marriage, is this son a mehram to his father’s wife? 4) A man has a grown son from a previous marriage. This man is now married to another woman (not his son’s mother). The man’s son and the man’s sister-in-law (wife’s sister – the wife who is not the biological mother of the boy) wish to marry. Is this allowed?

Answer

1. It is not permissible for them to get married as the man is taken to be the foster uncle of the girl. (Hindiyyah Vol.2 Pg.343)

2. Yes, it will be permissible for the children (step-siblings) to marry one another. (Hindiyyah Vol.2 Pg.277)

3. Yes, this man will be a mahram for his wifes daughter on condition that he has had sexual relations with his wife or at least touched her with desire.(Maariful Quran) The same would apply to the grown son of a woman’s husband. However in the case where the man is still young and there exists the fear of fitna and falling into sin by her remaining alone with him, then she should adopt purdah from him.

4. Yes, it will be permissible for the man’s son to marry his father’s sister in law.. (Hindiyyah Vol.2 Pg.277)

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai

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