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The Word “Uncle” Includes Father`s Uncle and Mother`s Uncle

Answered according to Shafi'i Fiqh by Darul Iftaa Jordan
Is it permissible for a father to give his daughter away (Marriage) to his uncle (Maternal)?

Answer:

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

The uncle of the father is considered an uncle to all the latter`s sister`s sons and daughters . In other words an uncle is the mother`s brother and this is true no matter how far this hierarchy goes upwards . The evidence on this is that Allah the Almighty says {What means}: " 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 God is Oft-forgiving, Most Merciful;-" {An-Nisa`, 23}.

Listing the women forbidden in marriage, Al-Shirbini said: "Brother`s daughters and sister`s daughters from all sides as well as the daughters of the brother`s daughters and the daughter`s of the sister`s daughters and so on downwards." {Moghni Al-Mohtaaj, V.4:289}.

The direct uncle-mother`s brother-, mother`s uncle-brother of her mother-and father`s uncle-brother of his mother- are all uncles of the daughter. Thus, it is unlawful for them to marry her because they are her Mahrams. And Allah the Almighty knows best.  

This answer was collected from the official government Iftaa Department of Jordan.

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