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ASAK, My brother passed away 3 years back. My brother’s wife family and our family had some arguements and she is currently staying in her parents home. She has a 3.5 year old son from my brother. Is it permissible for me to marry my brother’s wife. please give some references if its permissible. regards, Irfan

Answered according to Hanafi Fiqh by Darulifta-Deoband.com
ASAK, My brother passed away 3 years back. My brother’s wife family and our family had some arguements and she is currently staying in her parents home. She has a 3.5 year old son from my brother. Is it permissible for me to marry my brother’s wife. please give some references if its permissible. regards, Irfan

Answer

(Fatwa: 116/116/M=1432)

In the question mentioned above, the nikah with brother’s wife is lawful, but when you already have wife as it is known by the question, why do you want to marry with your brother’s wife? If you have capacity to maintain equality and justice between both the wives, then you can have second marriage; otherwise you should have only one wife. 

And if you mean something else by the family, you can submit the question again.

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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