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Mistakenly Marrying One’s Aunt

Answered as per Hanafi Fiqh by Mahmoodiyah

Question:

Sir the problem is that my Grand Father (father of my mother) had two wives the 2nd marriage took place after the marriage of my mother and that is why the children from 2nd marriage are smaller then me,

At the time of my grand pas 2nd marriage my mother & father were in Bahrain and here my grand pa got married and I was born just few months later, after that we knew about his marriage and his children but we never met and the time passed on and we became young (never met or heard from grand pa family) and my father died and after I came to Pakistan and unknowingly fell in love with my step aunt and got married and now I found that we are aunt nephew now what is the solution of this problem, when Surah Nisaa ver23, says your brothers and sisters , your step brothers and step sisters , your aunts paternal and maternal are forbidden…
but it only says step brothers, sisters, mothers and fathers, but there is nothing for step aunts and it also says “he is the most forgiving one” so dose it mean that if I got married to my step aunt (in unknowing) and now also have a child and have a very happy life , are we still husband and wife or is there a solution for it

please I’m in a lot of problem help me out as soon as possible

thank you!


Answer:

 

 

The lady who is currently your wife is also your maternal aunt. And in Islam it is Haraam to get married to your maternal aunt. Therefore it is of utmost importance that you separate from her saying the words of Talaaq or I left you. She will thereafter go into Iddah. The children from this marriage will be regarded as yours and if you have until now not completed the payment of your Mahr then it is compulsory on you to pay it in full. [Fataawaa Hindiyah pg; 273 Vol. 1, Ahsanul Fataawaa pg; 60 Vol. 5]

As with regards to Allah being most forgiving, He is definitely that, that is why if you immediately follow the above fatwa he will forgive the grave sin that ensued as a result of marrying your maternal aunt. 

And Allah Ta’ala knows best

Mufti Muhammad Ashraf

Darul Iftaa

Jameah Mahmoodiyah

Springs

                  

07 February 2007

18 Muharram 1428

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