Is The Son Of Her Husband's Daughter Regarded As A Mahram For Her?
Islamic Rulings -
Living Shariah Verdicts
Islamic Questions & Answers
Is it permissible for a woman who is over
sixty to not wear hijab in front of the son of her
husband's daughter who is fifteen years old? He is
like a grandson to her. Is it permissible for her to
shake hands with him or kiss him? Her husband who is
the grandfather of this boy has passed away.
Praise be to Allaah.
Firstly:
The son who is asked about here is regarded as a
mahram for this woman, so she may shake hands with him
and uncover in front of him as she uncovers in front
of her mahrams, and it makes no deference that his
grandfather is deceased.
The way in which he is her mahram is that she is the
wife of his grandfather on his mother's side.
Permanently forbidden in marriage for a man are his
father's and his grandfather's wife, no matter how far
the line of ascent reaches, whether the grandfather is
on his father's side or his mother's, because Allaah
says (interpretation of the meaning):
"And marry not women whom your fathers married, except
what has already passed; indeed it was shameful and
most hateful, and an evil way"
[al-Nisa' 4:22]
It says in Zaad al-Mustaqni': The marriage contract
makes the wife of the father and every grandfather a
mahram.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him)
said in his Sharh: The marriage contract is valid, and
makes forbidden in marriage the wife of his father or
grandfather, no matter how far the line of ascent
reaches. Every woman who has been married by his
father, even if he divorced her, is permanently
forbidden in marriage to him, and the same applies to
every woman who was married by his grandfather,
whether on his father's side or his mother's. The
evidence for that is the verse in which Allaah says
(interpretation of the meaning):
"And marry not women whom your fathers married, except
what has already passed; indeed it was shameful and
most hateful, and an evil way"
[al-Nisa' 4:22]
If he marries her, that is worse than zina, because
Allaah says concerning zina (interpretation of the
meaning):
"And come not near to unlawful sex. Verily, it is a
Faahishah (i.e. anything that transgresses its limits:
a great sin, and an evil way (that leads one to hell
unless Allaah Forgives him)"
[al-Isra' 17:32]
But concerning this, Allaah says: "indeed it was
shameful and most hateful, and an evil way". Marrying
mahrams – Allaah forbid – is worse than zina. Hence
many of the scholars were of the view that the one who
commits zina with one of his mahrams, even if he is
not married, is to be killed. There is a hadeeth
concerning that in al-Sunan. So the wife of one's
father or grandfather, not matter how far the line of
ascent reaches, is forbidden in marriage, whether on
the father's side or the mother's, and Allaah has not
stipulated that the marriage should be consummated
etc, rather this ruling comes into effect by virtue of
a valid marriage contract. End quote from al-Sharh al-Mumti',
5/198
This is a matter concerning which there is no
difference of opinion among the scholars. Ibn Qudaamah
(may Allaah have mercy on him) said, discussing the
fact that a father's wife is a mahram: It is the same
whether she is the wife of his father, or the wife of
his paternal grandfather, or the wife of his maternal
grandfather, whether near or far. There is no dispute
concerning that among the scholars as far as we know,
praise be to Allaah. End quote from al-Mughni, 9/518,
524
Secondly:
With regard to kissing, she may kiss him so long as
there is no risk of fitnah, and it is better to kiss
him on the forehead or head.
Imam Ahmad (may Allaah have mercy on him) was asked
about a kissing a mahram man. He said: If he has come
from a journey and there is no fear (of fitnah). But
it should never be on the lips, only on the forehead
or head.
Al-Adaab al-Shar'iyyah by Ibn Muflih, 2/266
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him)
was asked about kissing mahrams. He said:
If kissing mahrams is done with desire or one fears
that desire may be provoked, it is haraam without a
doubt. If there is no fear of fitnah then there is
nothing wrong with kissing on the head or forehead. As
for kissing on the cheek or lips, that should be
avoided, except in the case of a father and daughter
or mother and son, for example. It is more lenient in
this case because Abu Bakr (may Allaah be pleased with
him) entered upon ‘Aa'ishah (may Allaah be pleased
with her) when she was sick and kissed her on the
cheek, and said, "How are you, O my daughter?" End
quote, from Fataawa ‘Ulama' al-Balad al-Haraam, p.
691.
And Allaah knows best.
Is the father of one's ex-husband a
mahram?
As a woman of Islaam what should my
relationship with my ex father-in-law be? Is it
necessary for me to cover in his presence?.
Praise be to Allaah.
The husband's father is considered to be a woman's
mahram even if her husband divorces her, because
Allaah says, stating who a one's mahrams are
(interpretation of the meaning):
"the wives of your sons who (spring) from your own
loins"
[al-Nisa' 4:23]
In this case, the father-in-law becomes a mahram
simply as soon as the marriage contract is completed;
if a man makes a marriage contract with a woman, then
the man's father becomes a mahram for his son's wife,
even if the marriage is not consummated.
This is what the scholars called al-mahaarim
bi'l-musaaharah (mahrams by marriage).
The women who become mahrams through marriage are of
four types:
1 – Women married by one's father (i.e., father's wife
and also grandfathers' wives). Allaah says
(interpretation of the meaning):
"And marry not women whom your fathers married"
[al-Nisa' 4:22]
2 – One's wife's mother or grandmother:
"Forbidden to you (for marriage) are… your wives'
mothers…"
[al-Nisa' 4:23 – interpretation of the meaning]
3 – One's stepdaughter (a wife's daughter by a
previous husband). The stepdaughter is not a mahram
unless the man has consummated the marriage with her
mother. If he simply made a marriage contract with her
but did not consummate the marriage, then she is not a
mahram, because Allaah says (interpretation of the
meaning):
"your stepdaughters under your guardianship, born of
your wives to whom you have gone in — but there is no
sin on you if you have not gone in them"
[al-Nisa' 4:23 – interpretation of the meaning]
4 – One's son's wife and one's grandsons' wives,
because Allaah says (interpretation of the meaning):
"the wives of your sons who (spring) from your own
loins"
[al-Nisa' 4:23 – interpretation of the meaning]
From Jaami' Ahkaam al-Nisa' by al-‘Adawi, 5/302
Shaykh Muhammad ibn ‘Uthaymeen (may Allaah have mercy
on him) said:
Allaah says (interpretation of the meaning):
"… your wives' mothers, your stepdaughters under your
guardianship, born of your wives to whom you have gone
in — but there is no sin on you if you have not gone
in them (to marry their daughters), — the wives of
your sons who (spring) from your own loins …"
[al-Nisa' 4:23]
These three are mahrams by marriage. The phrase "your
wives' mothers" means that it is haraam for a man to
marry the mother or grandmother of his wife, no matter
how far the line of ascent reaches (i.e.,
great-grandmother, etc), whether that is through the
mother's line or the father's. She becomes his mahram
as soon as the marriage contract is done.
If a man makes a marriage contract with a woman, it
becomes haraam for him to marry her mother and she
becomes one of his mahrams even if the marriage with
her daughter is not consummated. If it so happens that
the daughter dies or he divorces her, then he is still
a mahram for her mother. If it so happens that
consummation of the marriage is delayed, then he is
still a mahram to her mother; she may uncover her face
in front of him and he may travel with her and be
alone with her, and there is no sin on him, because
the mother and grandmother of the woman become mahrams
as soon as the marriage contract is done, because
Allaah says "your wives' mothers", and a woman becomes
a man's wife as soon as the marriage contract is done.
The phrase "the wives of your sons who (spring) from
your own loins" means that it becomes haraam for a man
to marry the wife of his son or grandson, no matter
how far the line of descent extends, as soon as the
marriage contract is done. The wife of one's son's son
(grandson) becomes a mahram to the grandfather as soon
as the marriage contract is done. Hence if a man makes
a valid marriage contract with a woman, then he
divorces her immediately thereafter, she becomes a
mahram for his father and grandfather, no matter how
far the line of ascent reaches, because of the general
meaning of the phrase, "the wives of your sons who
(spring) from your own loins". The woman becomes
permissible for her husband as soon as the marriage
contract is done.
From al-Fataawa al-Jaami'ah li'l-Mar'ah al-Muslimah,
2/591.
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