Married the wife of his deceased nephew
5-4-2009 | IslamWeb
Question:
My friend's husband entered into a friendly relations with his nephew's wife, who also happened to be her husband's distant cousin. Inspite of both, my friend's husband and his nephews wife being married, they had a love affair. As soon as the nephew of my friend's husband died, the husband married this woman who was his nephew's wife and also his distant cousin. This lady had three children from the nephew. The question is: Was the marriage legal with nephew's wife and if it was legal, what will be the relationship of children between my friend husband's second wife and any children the new couple may bear? My friend has terminated any kind of physical relationship with her husband, until such time the husband's marriage with his nephew's wife is declare legal by a fatwa. If the marriage was illegal, is there any kind of redemption deed that is required to be undertaken by the man and woman concern
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.
It is not permissible for a Muslim man to have an affectionate relationship with a non-Mahram woman, and if this relationship is with a married woman, then the sin is even greater. Therefore, that man and that woman are obliged to repent to Allaah.
The fact that that woman is married to the nephew of that man does not mean that he is not permitted to marry her unless there is an impediment that requires the prohibition. For more benefit on the women whom one is not permitted to marry, please refer to Fatwa 85868.
Therefore, if his marriage to her took place after the expiry of her waiting period from a dead husband, then it is a valid marriage. The waiting period of a woman whose husband died is 4 months and 10 days, or until she gives birth to the baby is she is pregnant as we clarified in Fataawa 88684 and 87144.
However, if he married her during her waiting period, then it is a void marriage according to the consensus of the scholars 
and so, he is obliged to separate from her, and she should complete her waiting period from her first husband, and then she should observe another waiting period from her second husband. If there are any children from this marriage, they should be traced back to him if he believed that his marriage to her was valid. In which case, these children will be brothers and/or sisters from the mother’s side to her children from her first husband. Nevertheless, they are both obliged to repent to Allaah but they are not obliged to expiate for this sin.
It should also be noted that there are some conditions for the validity of a correct marriage, among which is the presence of the guardian and two witnesses. Therefore, if this marriage took place without the consent of the guardian or the presence of two witnesses, then the marriage is void. If there are any children from this marriage, they should be traced back to their father because of him believing that his marriage with her was valid. For more benefit on the conditions of a correct marriage contract, please refer to Fatwa 83629.
Finally, it should be noted that the wife of this man is not permitted to refuse to share the bed with her husband even if his marriage to the other woman is void. However, if the marriage with that woman is void and he insisted on continuing it, then she is allowed to ask him to divorce her because there is no good in a husband who insists on disobedience.
Allaah Knows best.