Question

Is it permissible for my brother’s son to marry the daughter of my paternal uncle? The grandfather of my brother’s son and the father of the girl are full brothers, and I am married to her sister. Is the marriage of my brother’s son to my wife’s sister permissible according to Islamic teaching?

Answer

Praise be to Allah.

Yes, it is permissible for your brother’s son to marry that woman, because in fact she is also regarded as the daughter of a paternal uncle for him as well, because his father’s paternal uncle is also a paternal uncle to him and to his children after him. Allah, may He be glorified and exalted, says (interpretation of the meaning):

“O Prophet (Muhammad (blessings and peace of Allah be upon him))! Verily, We have made lawful to you your wives, to whom you have paid their Mahr (bridal money given by the husband to his wife at the time of marriage), and those (captives or slaves) whom your right hand possesses – whom Allah has given to you, and the daughters of your ‘Amm (paternal uncles) and the daughters of your ‘Ammah (paternal aunts) and the daughters of your Khaal (maternal uncles) and the daughters of your Khaalah (maternal aunts)”

[al-Ahzaab 33:50]. 

Shaykh ‘Abd ar-Rahmaan as-Sa‘di (may Allah have mercy on him) said: Similarly, one of the things that Prophet (blessings and peace of Allah be upon him) has in common with the believers is the words: “and the daughters of your ‘Amm (paternal uncles) and the daughters of your ‘Ammah (paternal aunts) and the daughters of your Khaal (maternal uncles) and the daughters of your Khaalah (maternal aunts)”. That includes paternal uncles and paternal aunts, and maternal uncles and maternal aunts, whether close in degree or otherwise.

End quote from Tayseer al-Kareem ar-Rahmaan fi Tafseer Kalaam al- Mannaan (p. 669)

And Allah knows best.

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