When the prohibition of marriage to mothers-in-law and stepdaughters takes effect

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  • Publish date:11/09/2011
  • Section:FATWA FOR ALL
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Question

 
Asalamualikum, I was taught in many fiqh classes that when someone marries a girl or a boy the father in law and mother in law become Mahram after marriage consummation. If someone marries a woman or a man their daughters and sons from previous marriage become Mahram right away. Now when I read in many fatawas, they all become Mahram before marriage consummation. Would you pleas tell me which one is correct or there is difference of opinion among scholars. Jazakum Allah Khairan
 
Answer
 
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allah exalt his mention ) is His slave and Messenger.
 
The parents and grandparents of the husband and his children and grandchildren become forbidden for his wife as soon as the marriage contract is conducted, and the mother and grandmothers of the wife also become forbidden for her husband as soon as the marriage contract is conducted. As regards the daughters (and granddaughters) of the wife, then they do not become forbidden for her husband until the marriage is consummated.
 
Therefore, if a man marries a woman, then her mother becomes forbidden for him as soon as the marriage contract is conducted, according to the view of the majority of the scholars  may  Allah  have  mercy  upon  them among whom are the Four Schools of jurisprudence. This is also the preponderant opinion as Allah Says when mentioning the women whom we are forbidden to marry (what means): {…and your wives’ mothers…}[Quran 4:23] Allah did not condition the consummation of the marriage for the prohibition of the marriage of the mother of the wife to the wife’s husband. Contrarily to the opinion of the majority of the scholars  may  Allah  have  mercy  upon  them Ibn Qudaamah  may  Allah  have  mercy  upon  him said: “It was reported from ‘Ali (Ibn Abi Taalib), may Allah be pleased with him, that she [the mother of the wife] does not become forbidden unless one consummates the marriage with her daughter, in the same manner her daughter does not become forbidden to the husband unless the marriage [with the wife] is consummated.”
The wife also becomes forbidden to her husband’s father as soon as the marriage contract takes place; Allah Says (what means): {And [also prohibited are] the wives of your sons who are from your [own] loins.}[Quran 4:23] 
 
Ibn Qudaamah  may  Allah  have  mercy  upon  him also said: “It is forbidden for a husband to marry the wives of his sons as well as the wives of the sons of his granddaughters, either from family lineage or from suckling relationship, regardless whether the relation is close or remote, as soon as the marriage contract is conducted, as Allah Says (what means): {And [also prohibited are] the wives of your sons who are from your [own] loins.}[Quran 4:23], and we do not know any difference of opinion about this.”
 
 
Allah Knows best.
 
Fatwa answered by: The Fatwa Center at Islamweb

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