Nikah with the Wife of One’s Nephew (Brother’s Son)

Question

There are two full brothers, Banda and Kamalu. Of them, Banda has died, and Kamalu has married Banda’s wife. Banda had a son, and he had been married off. His wife, however, is not content with him; she is content with Kamalu; and I have no son. His wife wants me and does not want my nephew, and she has run away four times already. Is my nikah with her permissible or not?

Answer

If your nephew divorces his wife (talaq) and the ‘idda expires, and there is also no other impediment, then according to the Shari‘a your nikah with this nephew’s wife is valid. Without a divorce, your nikah with her is not valid.

Source: Fatawa Mahmudiyya

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