The daughter of the mother's maternal uncle
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Fatwa number ( 18241 )
Q I have a maternal aunt who is not my mother's sister on the part of both parents, but rather the daughter of my mother's maternal uncle. We in Sudan consider the children of a maternal uncle or paternal uncle to be siblings to one another, and in this case she becomes my mother's sister,
and thus she is my maternal aunt. Therefore, it does not mean that she is not a mahram to me. The important thing, and apart from these formalities, is that I consider her my maternal aunt and my mother after my mother, and I have for her all love, appreciation, and respect, and she is the same. We have made a covenant and called upon Allah as a witness that she be to me a mother, and that my treatment of her be based on this premise. I hope that she will be both my mother and my maternal aunt at the same time. However, the problem is that some people say that it is not permissible for her to uncover her hair or face in front of me because she is not a mahram. As I told you, we made a covenant and called upon Allah as a witness that she be to me a mother after my mother, and a maternal aunt. The question is: after this covenant, has she truly become my mother and a mahram to me? If the answer is no, what is obligatory for us to do to reach this stage? I mention Umm Ayman al-Habashiyah who raised the Messenger of Allah (peace and blessings be upon him), to whom he said: "You are my mother after my mother"
A The daughter of your mother's maternal uncle is not your maternal aunt; rather, she is a stranger to you. It is obligatory for her to observe hijab in front of you, and there is no consideration for what you have agreed upon in this matter, for it is a defective custom that contradicts the pure Shari'ah. The covenant you mentioned that you took upon yourself is vain, has no standing, and there is no blame on you for it. The hadith you cited as evidence in this matter, which is narrated from the Prophet (peace and blessings be upon him), is not authentic from him (peace and blessings be upon him) due to the weakness of its chain.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q I have a maternal aunt who is not my mother's sister on the part of both parents, but rather the daughter of my mother's maternal uncle. We in Sudan consider the children of a maternal uncle or paternal uncle to be siblings to one another, and in this case she becomes my mother's sister,
and thus she is my maternal aunt. Therefore, it does not mean that she is not a mahram to me. The important thing, and apart from these formalities, is that I consider her my maternal aunt and my mother after my mother, and I have for her all love, appreciation, and respect, and she is the same. We have made a covenant and called upon Allah as a witness that she be to me a mother, and that my treatment of her be based on this premise. I hope that she will be both my mother and my maternal aunt at the same time. However, the problem is that some people say that it is not permissible for her to uncover her hair or face in front of me because she is not a mahram. As I told you, we made a covenant and called upon Allah as a witness that she be to me a mother after my mother, and a maternal aunt. The question is: after this covenant, has she truly become my mother and a mahram to me? If the answer is no, what is obligatory for us to do to reach this stage? I mention Umm Ayman al-Habashiyah who raised the Messenger of Allah (peace and blessings be upon him), to whom he said: "You are my mother after my mother"
A The daughter of your mother's maternal uncle is not your maternal aunt; rather, she is a stranger to you. It is obligatory for her to observe hijab in front of you, and there is no consideration for what you have agreed upon in this matter, for it is a defective custom that contradicts the pure Shari'ah. The covenant you mentioned that you took upon yourself is vain, has no standing, and there is no blame on you for it. The hadith you cited as evidence in this matter, which is narrated from the Prophet (peace and blessings be upon him)
That he said to Umm Ayman al-Habashiyah (may Allah be pleased with her): "You are my mother after my mother"
أنه قال لأم أيمن الحبشية رضي الله عنها: أنت أمي بعد أميAnd success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.