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Fatwa CenterThe brother of the deceased marries his widow
Question
It is a tradition in my culture that when a man leaves behind a wife and children, they become the family of his brother(s). In other words, the brother-very often the younger brother-of the deceased maries the widow in order for her not to leave the household and ultimately abandon the children. Is this Halaal practice?
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 is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.
If the marriage fulfills all Islamic conditions then it is valid in Islam. These conditions are as follows:
1) The presence of a Wali (guardian of the girl) 2) Two Muslim witnesses should be present 3) The dowry should be defined. 4) There must be consent of the two parties. 5) There should be no marriage impediments, for instance if the couple had breastfed from one woman, or the woman being in her waiting period (widow or divorced).
Therefore, there is no harm, Insha' Allaah, for a person to marry the widow of his deceased brother, if she consents to it and there are no religious impediments. This is indeed a great act of virtue, righteousness, and piety towards one's relatives, and the one who does so will, Allaah willing, be greatly rewarded by Allaah, if his intention is sincere.
Allaah knows best.
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