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Is Marriage Permissible with Stepdaughter If Mother Was Divorced Before Consummation?

Source: Fatāwā Amunpuri by Shaykh Ghulām Mustafa Zaheer Amunpuri

❖ Question:​


If a woman is divorced before consummation of the marriage, is it permissible to marry her daughter (stepdaughter)?

✿ Answer:​


If a man divorces the mother of the stepdaughter before consummation (dukhūl), then it is permissible for him to marry her daughter.

❖ Qur’anic Evidence:​


﴿وَرَبَائِبُكُمُ اللَّاتِي فِي حُجُورِكُمْ مِنْ نِسَائِكُمُ اللَّاتِي دَخَلْتُمْ بِهِنَّ فَإِنْ لَمْ تَكُونُوا دَخَلْتُمْ بِهِنَّ فَلَا جُنَاحَ عَلَيْكُمْ﴾
📖 [Sūrah al-Nisā’, 4:23]


Translation:

“Your stepdaughters under your care, born of your wives with whom you have consummated the marriage, are forbidden to you. But if you have not consummated the marriage with them, then there is no blame upon you (to marry their daughters).”

✅ Summary of the Ruling:​


① If consummation has not taken place with the wife (mother of the stepdaughter), and she is divorced,
→ Then marrying her daughter is permissible.


② The prohibition of marriage with a stepdaughter is only established upon consummation with her mother.
 
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