It is customary in some countries that when a husband dies, his brother marries his wife without asking for her permission, and their argument is the preservation of their children. Is this permissible or not?
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The questioner : He says: It has become widespread among us that when a husband dies, his brother marries his wife, as if he has inherited her, so they do not ask for the woman's permission. They justify this by saying that the children should not be left without someone to care for them. Is there any validity to this in the religion?
The Shaykh : Yes. As for marrying her against her will, it is forbidden and the contract is invalid, based on the saying of Allah, Blessed and Exalted is He:[An-Nisa 4:19]
And if it is with the consent of both parties, it is good, because it is better for the man's children to be under the care of their uncle than under the care of a stranger. This is the detail in this matter: if the woman is forced, then it is not allowed; but if it is by choice and consent, then it is good and fine. Yes.
The Shaykh : Yes. As for marrying her against her will, it is forbidden and the contract is invalid, based on the saying of Allah, Blessed and Exalted is He:
O you who have believed, it is not lawful for you to inherit women by compulsion
يَا أَيُّهَا الَّذِينَ آمَنُوا لا يَحِلُّ لَكُمْ أَنْ تَرِثُوا النِّسَاءَ كَرْهاًAnd if it is with the consent of both parties, it is good, because it is better for the man's children to be under the care of their uncle than under the care of a stranger. This is the detail in this matter: if the woman is forced, then it is not allowed; but if it is by choice and consent, then it is good and fine. Yes.