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Father Marrying One’s Cousin after Mother’s Death

Answered as per Shafi'i Fiqh by Shafiifiqh.com

Question:

Assalaamu alaykum. Happy Ramadhan mubarak.
My mother passed away and now my first cousin from my mother’s side want to be in the nikah of my father…is that fine?

Country: South Africa

Answer:

Wa alaikum as-salaam wa rahmatuLlahi wa barakatuHu,
It is not permissible to join between a woman and her aunt in marriage. The ruling is based on a hadith mentioned in Sahih al-Bukhari (#4820). However the prohibition is temporary. Therefore, after the termination of the first marriage, due to death, your father’s marriage to your cousin would be lawful. (Muatamad Vol 4, Page 37. Mughni Al Muhtaj Vol 3, Page 180)

Allah knows best.

Answered by: Ml. Tariq Mohammad

Source

This answer was collected from Shafiifiqh.com which was a repository of Islamic answers as per the Shafi’i madhhab. The website no longer functions. At its peak, many ‘ulama were involved with the site including Shaykh Mawlana Taha Karaan, Shaykh Abdul-Fattah ibn Abdullah, and Shaykh AbdurRagman Khan.

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