Is a Marriage Between a Nephew and His Aunt by Marriage Valid Under Muslim Law?

Question from Lit, Is a Marriage Between a Nephew and His Aunt by Marriage Valid Under Muslim Law?

Answer from AI:

Under Muslim law, the validity of a marriage is determined by several factors, including the degree of relationship between the parties. In the scenario you’ve described, Mr. A (the son of Mr. B) is marrying Mrs. D (the wife of Mr. C, who is Mr. B’s brother). This relationship is considered to be one of affinity, which is a relationship by marriage rather than by blood.

Prohibited Degrees of Relationship

According to the Muslim Personal Law (Shariat) Application Act, 1937, there are certain prohibited degrees of relationship in which marriage is not permitted. These include both consanguinity (blood relations) and affinity (relations by marriage).

In the case of affinity, a man is prohibited from marrying:

1. His wife’s mother or grandmother, no matter how high up
2. His wife’s daughter or granddaughter, no matter how low down
3. His father’s or paternal grandfather’s wife, no matter how low down
4. His son’s or son’s son’s wife, no matter how low down

Application to the Scenario

In the scenario you’ve described, Mr. A is marrying his uncle’s wife, Mrs. D. This relationship does not fall under the prohibited degrees of relationship as outlined in the Muslim Personal Law. Therefore, based on this information, the marriage would not be considered void or irregular due to the degree of relationship.

However, it’s important to note that there may be other factors that could affect the validity of the marriage, such as the consent of both parties, the presence of witnesses, and the payment of mahr (dower).

It’s also crucial to remember that laws can vary significantly depending on the jurisdiction, and this information may not apply in all areas. For a definitive answer, it’s recommended to consult with a legal professional who is familiar with Muslim law in the relevant jurisdiction.

For more information on Muslim Personal Law, you can refer to the Muslim Personal Law (Shariat) Application Act, 1937.