Fatwa ID: 03371

Answered by: Alimah Sabrina al-Faarsiyyah​

Question

Assalamu Alaikum Warahmatullahi Wabarakatuh,

Can my children marry the children of my sister if hurmat e musahara becomes established between me and my sister?

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

In the name of Allah, the Most Gracious, the Most Merciful 

Answer

Wa Alaikum Salam,

A brother and his sister are already haram (unlawful) for each other and each other's ascendants and descendants through the marriage of their parents which made them brother and sister. Whether now (an unlawful) hurmatul musaharah takes place between them or not, the brother’s father, grandfather (upwards) and sons and grandsons (downwards) are already haram upon his sister due to the fact that she is either the daughter, granddaughter, aunt or great-aunt of these people, respectively. Similarly, the brother is either the son, grandson, uncle or great-uncle of her mother, grandmother, daughter or granddaughter, respectively.

To answer your question, other than them marrying each other’s ascendants or descendants, it will be permissible for both of their children, to get married to the other’s children. In other words, it will be permissible for the brother’s niece to get married to his son, or the sister’s nephew to get married to her daughter.^[1]

Only Allāh Ta’ālā knows best

Written by Alimah Sabrina al-Faarsiyyah

Checked and approved by Mufti Mohammed Tosir Miah

Dārul Iftā Birmingham

^[1]Ibnu Abidin, Raddul Muhtar 4/113, al-Maktabah al-Ashrafiyyah

قَالَ فِي الْبَحْرِ: أَرَادَ بِحُرْمَةِ الْمُصَاهَرَةِ الْحُرُمَاتِ الْأَرْبَعَ حُرْمَةَ الْمَرْأَةِ عَلَى أُصُولِ الزَّانِي وَفُرُوعِهِ نَسَبًا وَرَضَاعًا وَحُرْمَةَ أُصُولِهَا وَفُرُوعِهَا عَلَى الزَّانِي نَسَبًا وَرَضَاعًا كَمَا فِي الْوَطْءِ الْحَلَالِ وَيَحِلُّ لِأُصُولِ الزَّانِي وَفُرُوعِهِ أُصُولُ الْمُزَنِيّ بِهَا وَفُرُوعُهَا. اهـ.