Nikah with the Wife’s Niece (Her Brother’s Daughter)

Question

The woman whom Zayd had married has died, leaving two children, a son and a daughter. Zayd wishes to marry the daughter of his late wife’s brother. Will this nikah be valid or not? Kindly write in detail with references to the books. It will be a great favour.

Answer

If there is no other Shar‘i impediment, then according to the Shari‘a this nikah is valid, by the words of Allah Most High: [ar]وَأُحِلَّ لَكُم مَّا وَرَآءَ ذَٰلِكُمْ[/ar] “And lawful to you are those beyond these” (Surah al-Nisa’, 4:24).

Source: Fatawa Mahmudiyya

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