Authored by: Shaykh Mubashar Ahmad Rabbani (حفظہ اللہ)
Question:
Can a man marry his wife’s niece (whether her sister’s daughter or brother’s daughter)? Please provide guidance based on the Quran and Sunnah.
If the intention is to marry the wife’s niece (sister’s daughter or brother’s daughter) after divorcing the wife or after her death, then such a marriage is entirely permissible. However, if the intention is to marry the wife’s niece while the wife is still married to the man, this is strictly prohibited.
The Messenger of Allah (ﷺ) said:
"Do not marry a woman along with her paternal aunt (phuphi) or maternal aunt (khala), nor a woman along with her niece, whether her brother’s daughter (bhanji) or her sister’s daughter (bhateeji)."
(Jami’ at-Tirmidhi, Kitab al-Nikah, Hadith 1126)
Imam Tirmidhi (رحمه الله) comments on this Hadith:
"This Hadith is considered hasan sahih (authentic) and is acted upon by the majority of scholars. It is not permissible to combine a woman with her paternal or maternal aunt in one marriage contract. There is no known disagreement among scholars on this matter."
Question:
Can a man marry his wife’s niece (whether her sister’s daughter or brother’s daughter)? Please provide guidance based on the Quran and Sunnah.
Answer:
Allah (سبحانه وتعالى) has explicitly clarified the permissible and prohibited relationships for marriage in the Quran, and the Prophet Muhammad (ﷺ) has further explained these rulings.If the intention is to marry the wife’s niece (sister’s daughter or brother’s daughter) after divorcing the wife or after her death, then such a marriage is entirely permissible. However, if the intention is to marry the wife’s niece while the wife is still married to the man, this is strictly prohibited.
Evidence from Hadith:
Abu Hurairah (رضي الله عنه) narrated:The Messenger of Allah (ﷺ) said:
"Do not marry a woman along with her paternal aunt (phuphi) or maternal aunt (khala), nor a woman along with her niece, whether her brother’s daughter (bhanji) or her sister’s daughter (bhateeji)."
(Jami’ at-Tirmidhi, Kitab al-Nikah, Hadith 1126)
Imam Tirmidhi (رحمه الله) comments on this Hadith:
"This Hadith is considered hasan sahih (authentic) and is acted upon by the majority of scholars. It is not permissible to combine a woman with her paternal or maternal aunt in one marriage contract. There is no known disagreement among scholars on this matter."
Ruling and Explanation:
- Prohibited During the Wife’s Lifetime:
A man cannot marry his wife’s niece (bhanji or bhateeji) while he is still married to her. This prohibition applies to marrying:- A woman and her paternal aunt (phuphi).
- A woman and her maternal aunt (khala).
- A woman and her niece (bhanji or bhateeji).
- If such a marriage takes place, it is invalid, and the second marriage contract must be annulled.
- Permissible After Divorce or Death:
After divorcing the wife or if the wife passes away, the man may marry her niece. This ruling is based on the absence of any prohibition after the marital bond with the original wife is no longer in effect.
Scholarly Consensus:
- Scholars unanimously agree that it is impermissible to combine a woman with her close relative (such as an aunt or niece) in marriage due to the potential harm and disruption this could cause in familial relationships.
- Imam Ibn Kathir (رحمه الله) highlights that combining such relations is explicitly forbidden in both the Quran and Sunnah.
Conclusion:
- Marrying the niece of one’s wife while still married to her is haram and invalid.
- Marrying the niece after divorcing the wife or after her death is permissible.
- If such a marriage is contracted in violation of these rules, the second marriage must be annulled.