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Question: H gets married to his father’s younger sister. Discuss the validity of the marriage under Sunni and Shia Law. Find the question and answer of Muslim Law only on Legal Bites. [H gets married to his father’s younger sister. Discuss the validity of the marriage under Sunni and Shia Law.] Answer Muslim marriage cannot take place if the parties are within the blood relationship or prohibited degree of relationship with each other and the Marriage turns to be void. Consanguinity...

Question: H gets married to his father’s younger sister. Discuss the validity of the marriage under Sunni and Shia Law.

Find the question and answer of Muslim Law only on Legal Bites. [H gets married to his father’s younger sister. Discuss the validity of the marriage under Sunni and Shia Law.]

Answer

Muslim marriage cannot take place if the parties are within the blood relationship or prohibited degree of relationship with each other and the Marriage turns to be void. Consanguinity is an absolutely prohibited degree and it refers to a blood relationship in which a man is barred from marrying the following females. They are as follows:

  1. His mother or Grand-mother,
  2. His daughter or Grand-daughter,
  3. His sister (irrespective of full blood/ half-blood/ uterine blood),
  4. His niece or Great-niece, and
  5. His aunt or great aunt, whether paternal or maternal.

A marriage with a woman prohibited under consanguinity is void. Also, children born out of that wedlock are considered illegitimate.

So, Marriage in the present case would be void because Islam does not allow marriage father’s sister, father’s brother, mother’s sister, mother’s brother.


Updated On 28 Aug 2023 6:08 PM IST
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