Question: Can a person marry the niece of his wife, i.e. his wife’s niece through her sibling, either her brother’s daughter or her sister’s daughter? Please guide us in light of the Quran and Sunnah.
Answer: Allah, the Blessed and Exalted, has mentioned the lawfulness and unlawfulness of relationships with great clarity, and the Noble Messenger ﷺ also gave a complete explanation. If the questioner means marrying the niece of his wife after he divorces her or after she passes away, then this is entirely permissible and correct. If the meaning is marrying her niece while the wife is still present, then this is forbidden.
It is narrated from Abu Hurairah (may Allah be pleased with him):
The Messenger of Allah ﷺ forbade that a woman be married while her paternal aunt is present, or that a paternal aunt be married while her niece is present, and likewise he forbade that a woman be married while her maternal aunt is present, or that a maternal aunt be married while her niece is present, and that a younger sister be married while the elder sister is present, or an elder sister while the younger is present.
Imam Tirmidhi (may Allah have mercy on him) said under this chapter: “The hadith of Abdullah ibn Abbas and Abu Hurairah (may Allah be pleased with them) is hasan sahih, and the general scholars act upon it.” It is not lawful for a man to combine a woman and her paternal aunt or maternal aunt in one marriage. There is no difference among the scholars known to us regarding this. If a man marries a woman while her paternal aunt or maternal aunt is present, or a paternal aunt while her niece is present, and the second marriage has been contracted, then the second marriage will be annulled; this is the opinion of the general scholars.
Therefore, it is not correct to marry any woman while her paternal aunt or maternal aunt is present. Likewise, it is not correct to marry the wife’s paternal aunt or maternal aunt while her niece (the wife) is present. If this has been done, it will be ended.
