Source: Fatāwā Amunpuri by Shaykh Ghulam Mustafa Zaheer Amunpuri
What is the ruling on marrying one’s uncle by marriage (phūphā) while his wife (one’s paternal aunt) is still present?
Such a marriage is not permissible, and the nikāḥ will not be valid.
It falls under the prohibition of combining a woman and her paternal aunt in marriage simultaneously.
Sayyidunā Abū Hurayrah رضي الله عنه narrated that the Messenger of Allah ﷺ said:
لَا يُجْمَعُ بَيْنَ الْمَرْأَةِ وَعَمَّتِهَا وَلَا بَيْنَ الْمَرْأَةِ وَخَالَتِهَا
Ṣaḥīḥ al-Bukhārī: 5109, Ṣaḥīḥ Muslim: 1408
“A woman and her paternal aunt must not be joined in marriage, nor a woman and her maternal aunt.”
This prohibition aims to preserve family ties, prevent harm, and avoid potential rivalry between closely related women.
In this case, marrying one’s phūphā (paternal aunt’s husband) while the paternal aunt is still in marriage would be equivalent to uniting a niece and her aunt with the same husband — which is clearly forbidden.
① It is haram (forbidden) to marry a man and his wife’s niece at the same time.
② Therefore, a woman cannot marry her aunt’s husband while the aunt is still his wife.
③ Such a nikāḥ is invalid according to Shari'ah.
❖ Question:
What is the ruling on marrying one’s uncle by marriage (phūphā) while his wife (one’s paternal aunt) is still present?
✿ Answer:
Such a marriage is not permissible, and the nikāḥ will not be valid.
It falls under the prohibition of combining a woman and her paternal aunt in marriage simultaneously.
Sayyidunā Abū Hurayrah رضي الله عنه narrated that the Messenger of Allah ﷺ said:
لَا يُجْمَعُ بَيْنَ الْمَرْأَةِ وَعَمَّتِهَا وَلَا بَيْنَ الْمَرْأَةِ وَخَالَتِهَا
Ṣaḥīḥ al-Bukhārī: 5109, Ṣaḥīḥ Muslim: 1408“A woman and her paternal aunt must not be joined in marriage, nor a woman and her maternal aunt.”
This prohibition aims to preserve family ties, prevent harm, and avoid potential rivalry between closely related women.
In this case, marrying one’s phūphā (paternal aunt’s husband) while the paternal aunt is still in marriage would be equivalent to uniting a niece and her aunt with the same husband — which is clearly forbidden.
✔ Summary:
① It is haram (forbidden) to marry a man and his wife’s niece at the same time.
② Therefore, a woman cannot marry her aunt’s husband while the aunt is still his wife.
③ Such a nikāḥ is invalid according to Shari'ah.
