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Can a man marry his wife’s maternal niece with the wife’s permission?

Answered as per Hanafi Fiqh by Muftisays.com
assalamalykum, i would like to know if a man can marry his wifes maternal niece at the same time. i have read that a wifes permission is needed for the marriage to be valid?is it true. zazakallah

Answer
Bismillaah-ir-Rahmaan-ir-Raheem.

Wa ‘Alaykum-us-Salaam wa Rahmatullaahi wa Barakaatuh.

It is not permissible for woman and her maternal or paternal aunt to be married to the same man at the same time. However if one is divorced, the other can get married to the divorcee of the other, or if one passes away, the other can marry her widower. (Hidaayah)

The Messenger (sallallaahu ‘alayhi wa sallam) has been reported to have said: A woman cannot be married upon her maternal or paternal aunt, nor upon her brother’s daughter or sister’s daughter (i.e while either of them are still married to him). (Muslim, Abu Dawood)

And Allaah knows best.

Wa Billaah-it-Tawfiq.

Wassalaam.

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A. Z. Pandor

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This answer was collected from MuftiSays.com, based in London (UK). It is one of the fruits of Darul Uloom London. Many ‘ulama are involved in answering the Q&A on the site, including: Shaikul Hadeeth Mufti Umar Farooq Sahib, Mufti Saifur Rahman Sahib, Mufti Abdullah Patel Sahib, Maulana Qamruz Zaman Sahib, Mufti Abu Bakr Karolia Sahib.

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