Marriage of a Widow to Her Late Husband’s Brother

Question

A man died, leaving his lawfully wedded wife, a daughter, his own parents and three minor brothers. The parents of the deceased want to marry their other, young son to the deceased’s wife (to perform the nikah). The deceased’s wife and the wife’s heirs are displeased with this nikah. According to the Shari‘a, can the nikah take place in the situation described or not?

Answer

Since the deceased’s wife is an adult (baligha), no one can marry her off by force; wherever the nikah is to be performed, let it be done with her consent. If she is willing to marry her husband’s younger brother and there is no other impediment, then marriage to him too is valid.

Source: Fatawa Mahmudiyya

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