Marriage to the daughter of one’s maternal aunt whom her sister’s husband had previously had intercourse with
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Fatwa number ( 1463 )
Q: He wants to marry his maternal aunt’s daughter, but her mother refused, fearing that this girl might not be lawful for him. This is because her father passed away while her mother was pregnant with her, and her family lives in a distant area. She suffered from epilepsy, and she has a sister who is married to a man living near our house. Her mother was forced to stay with her sister due to her illness, after her family had left. Her mother said that her sister’s husband would take advantage of his sister’s absence and the girl’s epileptic seizures to have intercourse with her, and he did this twice. So she sought refuge with kind neighbors and sent for her father to take her. Her mother feared that this girl might be forbidden to him because of that forbidden intercourse. Does that intercourse prevent me from marrying this girl? I know that there is no breastfeeding relationship between us, and no other obstacle except what my mother feared might be an obstacle.
A: If the matter is as stated, that there is no breastfeeding relationship between you or anything else that prevents your marriage to her, except what your mother mentioned and feared might be an obstacle, then it is permissible for you to marry your maternal aunt’s daughter, the one about whom your mother mentioned what happened. What was mentioned regarding the intercourse is not considered an obstacle to that.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Q: He wants to marry his maternal aunt’s daughter, but her mother refused, fearing that this girl might not be lawful for him. This is because her father passed away while her mother was pregnant with her, and her family lives in a distant area. She suffered from epilepsy, and she has a sister who is married to a man living near our house. Her mother was forced to stay with her sister due to her illness, after her family had left. Her mother said that her sister’s husband would take advantage of his sister’s absence and the girl’s epileptic seizures to have intercourse with her, and he did this twice. So she sought refuge with kind neighbors and sent for her father to take her. Her mother feared that this girl might be forbidden to him because of that forbidden intercourse. Does that intercourse prevent me from marrying this girl? I know that there is no breastfeeding relationship between us, and no other obstacle except what my mother feared might be an obstacle.
A: If the matter is as stated, that there is no breastfeeding relationship between you or anything else that prevents your marriage to her, except what your mother mentioned and feared might be an obstacle, then it is permissible for you to marry your maternal aunt’s daughter, the one about whom your mother mentioned what happened. What was mentioned regarding the intercourse is not considered an obstacle to that.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.