Women’s Corner
Mufti Fuzail Raza Attari Madani
1. A woman marrying the son of her mother’s maternal aunt
Q: What do the scholars and Muftis of Islam say regarding the following matter: Can I marry the son of my mother’s maternal aunt?
بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
A: You can marry the son of your mother’s maternal aunt, if there is nothing preventing the nikah from taking place, such as a milk-relationship through breastfeeding (raḍāʿa) and ḥurmat al-muṣāhara. This is because to him—i.e., he son of your mother’s maternal aunt—you are his maternal aunt’s daughter’s daughter.
The general principle for marriage is that it is forbidden to marry one’s direct descendent (farʿ)—i.e., one’s daughter, granddaughter, great-granddaughter, and so forth, regardless of how far down the lineage—and to one’s direct antecedent (aṣl)—i.e., one’s mother, grandmother, great-grandmother, and so forth, regardless of how far up the lineage. It is also forbidden to marry the direct descendent of one’s close antecedent, such as the children of one’s parents or the children of the children of one’s parents, and so forth. Moreover, marriage to the close direct descendent of one’s distant antecedent, such as the children of one’s grandfather, great-grandfather, grandmother, or great-grandmother, is also forbidden.
It is permissible for a person to marry the distant descendent of his distant antecedent, for example, the grandchildren of one’s grandfather, great-grandfather, grandmother, or great-grandmother. Considering this principle, you are a distant descendent, i.e., the great-granddaughter, of your mother’s maternal aunt’s son’s distant antecedent, i.e., grandmother. Therefore, your marriage to him is valid.
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
2. Does the nikah of a woman end when she dies?
Q: What do the scholars and Muftis of Islam say about the following matter: Is it true that when a woman dies, her nikah comes to an end, due to which her husband cannot look at her face? Some people claim that he can look at her face before she is shrouded, but not after that. What is the correct view in this regard? Also, if the husband dies, then why does the Nikah not come to an end?
بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
A: Yes, it is correct that the nikah of a woman ends as soon as she dies, which is why a husband can no longer touch the body of his deceased wife without a physical barrier between them. However, the husband can still look at the face of his deceased wife, before the shrouding and after it too, and he can even look at her face after she is placed into the grave. It is prohibited for an unrelated man to look at the face of a deceased woman.
It should be remembered that when the husband dies, the marriage of a woman does not immediately come to an end because the woman is now in the sitting period (ʿidda) of that nikah. Until her sitting period does not elapse, the nikah remains intact. Therefore, a woman cannot marry another man during her sitting period.
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
Comments