Nikah with the Sister of One’s Brother

Question

Zayd married a woman — say, Hinda — and this woman has a son by her former husband, say, Umar; Zayd contracted this nikah after Umar’s death. Now Zayd has married another woman, and after the nikah with the first woman a daughter was born of this second woman from Zayd’s seed. Can the nikah of this boy be contracted with this girl or not?

Answer

This nikah is permissible. If the girl is an adult, then her own permission is also sufficient, provided that the nikah is contracted within the biradari (kinship community) for the mahr al-mithl (customary dower). If, however, she is a minor, or the nikah is contracted outside the biradari, or for less than the mahr al-mithl, then the permission of the girl’s guardian (wali)

Source: Fatawa Mahmudiyya

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