Can a man marry the wife of his brother who died? How does Islam view this custom?
Dear Brother / Sister,
It is permissible for a man to marry the wife of his brother who died. If both the woman and the man agree, there is no religious drawback to their marriage.
If a woman or man is forced to marry through severe beating or through being warned to be imprisoned for a long time, the marriage is not valid.
The Messenger of Allah (pbuh) states the following regarding the issue:
“Allah Almighty forgave my nation for my sake for the deeds done by forgetting and through being forced.” (Ibn Majah, Talaq, 16)
The following hadith reported by Imam Nasai sheds light on the issue:
Khansa bint Khidam of Ansar went to the presence of Hz. Aisha and made the following complaint:
“My father married me off to his brother's son in order to increase his prestige. I do not want to marry him.”
Hz. Aisha said, “Wait until the Messenger of Allah (pbuh) comes."
When the Messenger of Allah arrived, Hz. Aisha informed him about the situation. The Messenger of Allah summoned her father, took the authority to marry from him and gave it to her.
Thereupon, Khansa said to the Messenger of Allah (pbuh),
“O Messenger of Allah! I accept this marriage but I wanted to show that fathers did not have the authority to marry their daughters off by force.” (Nasai, Nikah: 36)
We understand from the removal of the authority from fathers that they have no right to marry their daughters off by force. Both hadiths above show that the consent of the woman is one of the conditions of a sound marriage. Force eliminates consent; therefore, the marriage becomes invalid.
This decree is the view of the majority of the scholars. However, Hanafi School has a different view. According to them, consent is not one of the conditions of a sound marriage essentially. They show the hadith stating that being serious or joking are regarded as the same in marriage contract as evidence.
However, the view of the majority of the scholars is more appropriate in that it will ensure the safety of the marriage and prevent unjust treatment.
Questions on Islam
- Did Aisha, our mother, have a say regarding marriage?
- How does Islam regard a man who has not married before marrying a widow with children?
- Is it permissible to force a girl or woman into marriage?
- Is it permissible to force a girl or woman into marriage?
- How does our religion regard not getting married (remaining single)?
- Can a woman marry the brother of a woman who breastfed her?
- Is it forbidden to enter the nuptial chamber before puberty?
- Is it forbidden to enter the nuptial chamber before puberty?
- Will you give information about the conditions of a religious marriage contract? How is a religious marriage contract performed?
- How can the marriage of underage girls be explained?
