Marriage of the Husband’s Brother to the Wife’s Daughter
Question
Hinda belongs to the Hanafi school, and she married Zayd; Zayd belongs to the Shafi‘i school. After a few years Zayd died. In the meantime two children were born to Hinda: a girl and a boy. After her ‘idda ended, Hinda contracted a second nikah. The second husband has a brother. Hinda’s daughter has now reached the age of discernment. Hinda’s present husband wants to marry Hinda’s daughter to his full brother. Please inform us according to the Shari‘a whether this match is permissible or impermissible.
Answer
Hinda contracted a second nikah with a man, and the marriage of her daughter, who is from her first, late husband, to the brother of Hinda’s present husband is valid according to the Shari‘a.
Source: Fatawa Mahmudiyya
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