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She married her cousin who was breastfed by her mother only once

Question

My question is similar to Fatwa No : 83788...I got married to my cousin (his mother is my Fufu and my cousin is 6 years elder than me) in 2010 and i have 1year and two months a baby boy. The reason is that when my cousin at the age of three days old my real mother take own milk for drink to him only one time without permission of my aunt (fufu), but my father did permission to my mother (that time my elder brother was 40 days)..Note that, that was the first breast milk of his life, from birth to day three they feed him only water and honey.. At that time my aunt had enough own milk to feed my cousin but my family did not try to feed milk him from his real mother (aunt). We follow Hanafi madhhab. This madhhab does not support this relationship but another madhhab like Shafi'i and Hanbali support this relationship. Now what can we do?Is our marriage lawful or unlawful? Will we change our madhhab from Hanafi to Shafi'i or Hanbali? Or we have to leaved each other? At the end please sir I want to confirmed above said situation under your great education.

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and messenger.

The scholarly opinion adopted by Islamweb is that in order for the breastfeeding to be a basis for the forbidding of marriage, the number of breastfeeding sessions should be five or more, as highlighted in Fatwa 83788.

Therefore, your marriage is valid and you are not required to leave your husband. The fact that you follow the Hanafi school of Fiqh does not prevent you from following the scholarly opinion of the Shaafi‘i or Hanbali schools of Fiqh in this regard or any other regard. It is incumbent on a Muslim to adopt the scholarly opinion which he believes is the correct opinion and one is not obliged to abide by (the scholarly opinions of) one school of Fiqh only.

For more benefit, please refer to Fataawa 89353 and 234370.

Allaah Knows best.

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