Ruling on Marrying Wife’s Niece While She Is Still Married

Source: Fatāwā Amunpuri by Shaykh Ghulam Mustafa Zaheer Amunpuri

❖ Question:​


Is it permissible to marry one’s wife’s niece, i.e., the daughter of the brother-in-law (sālī’s daughter)?

✿ Answer:​


The daughter of a brother-in-law (sālī’s daughter) is considered the niece of one’s wife.
It is not permissible to marry the niece of one’s wife while the wife is still in the marriage.
Such a union is forbidden in Islam.

Sayyidunā Abū Hurayrah رضي الله عنه reported:


لَا يُجْمَعُ بَيْنَ الْمَرْأَةِ وَعَمَّتِهَا وَلَا بَيْنَ الْمَرْأَةِ وَخَالَتِهَا

📚 Ṣaḥīḥ al-Bukhārī: 5109, Ṣaḥīḥ Muslim: 1408


“A woman and her paternal aunt, and a woman and her maternal aunt, must not be joined in marriage (at the same time).”

Another narration from Abū Hurayrah رضي الله عنه:



The Messenger of Allah ﷺ forbade marrying a niece while her aunt is present in marriage,
and likewise forbade marrying an aunt while her niece is present in marriage.
One should not marry someone with a closer blood tie while her senior relative is already in marriage, and vice versa.


📚 Musnad Aḥmad: 2/426; Sunan Abī Dāwūd: 2065; Sunan al-Nasā’ī; Sunan al-Tirmidhī: 1126 — Chain is authentic (ṣaḥīḥ).

✔ Summary:​


① The wife’s niece (brother-in-law’s daughter) is considered her maḥram.
② It is prohibited to marry the niece while her aunt (the wife) is still in marriage.
③ This applies to both maternal and paternal aunts and nieces.
④ The reason is to preserve family ties and avoid jealousy or harm.
 
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