Is Nikah with One’s Paternal Uncle’s Wife Valid?

Question

Is the nikah of Hinda, the wife of Zayd, — after Zayd gives talaq or dies, — with ‘Amr, the son of Zayd’s full brother, permissible or not? Moreover, Zayd has children from Hinda. Also, is it necessary for Hinda, while she is married to Zayd, to observe hijab before ‘Amr as before a stranger, or not?

Answer

The nikah of a nephew with his paternal uncle’s wife is valid according to the Sharia, provided there is no other impediment — of affinity (musahara), suckling (rada‘a) and the like. The uncle’s wife and the nephew are not mahram to each other; rather, they are strangers (ajnabi), and hijab between them is necessary.

Source: Fatawa Mahmudiyya

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