Is My Husband A Mahram For My Brother's Daughter Whom I Brought Up?

Islamic Rulings - Living Shariah Verdicts

Islamic Questions & Answers

I have custody of my niece and I am married, is my husband my nieces' mahram and does my niece have to cover in front of my husband in the house, she is 16 teens years of age

Praise be to Allaah

Allaah has mentioned, in His Book, the men before whom a woman is permitted not to observe hijaab. Allaah says (interpretation of the meaning):

"And tell the believing women to lower their gaze (from looking at forbidden things), and protect their private parts (from illegal sexual acts) and not to show off their adornment except only that which is apparent (like both eyes for necessity to see the way, or outer palms of hands or one eye or dress like veil, gloves, headcover, apron), and to draw their veils all over Juyoobihinna (i.e. their bodies, faces, necks and bosoms) and not to reveal their adornment except to their husbands, or their fathers, or their husband's fathers, or their sons, or their husband's sons, or their brothers or their brother's sons, or their sister's sons, or their (Muslim) women (i.e. their sisters in Islam), or the (female) slaves whom their right hands possess, or old male servants who lack vigour, or small children who have no sense of feminine sex. And let them not stamp their feet so as to reveal what they hide of their adornment. And all of you beg Allaah to forgive you all, O believers, that you may be successful" [al-Noor 24:31]

For more details please see Question no. 5538.

Since the husband of a maternal or paternal aunt is not mentioned in this verse, the ruling is that the general principle of observing hijab in front of him applies in this case, unless this woman (the aunt) had breastfed her brother's child, in which case her husband would be regarded as a father to her through radaa'ah (breastfeeding), in which case he would be a mahram for her. So if you did not breastfeed this niece, then she has to observe hijaab in front of your husband, in obedience to the command of Allaah, which is best for both parties. That is purer for the hearts and furthest removed from fitnah (temptation). We ask Allaah to reward you and your husband with good for taking care of this girl and bringing her up, and that He will cause that to weigh heavily in the balance of your good deeds.

Is it permissible for the husband's brother to take his brother's wife to the doctor?

Is it permissible for the husband's brother to take his brother's wife to the doctor, if his brother is not there, or if he cannot be there, and the hospital is in the same city?.

Praise be to Allaah.

It is not permissible for the wife to travel in a car alone with her husband's brother, because that comes under the heading of khulwah (being alone with a member of the opposite sex) which the Messenger (peace and blessings of Allaah be upon him) warned against when he said: "Beware of entering upon women." They said: "O Messenger of Allaah, what about the in-law?" He said: "The in-law is death." Narrated by al-Bukhaari and Muslim.

What do you understand from these words? Is it forbidden or allowed? Undoubtedly what is meant is that it is forbidden and not allowed. So it is not permissible for a man to be alone with his brother's wife, either in a car or in the house. Worse than that is what some people do when a guest comes when the man is at work, and there is no one in the house except his wife, then she opens the door to him and he goes in and waits for the owner of the house to come home. The point is that it is not permissible for any woman to be alone with any man (i.e., non mahrams) even if he is one of her husband's relatives or one of her relatives or neighbours, unless she has a mahram with her, whether that is in her home town or when travelling. It should also be noted that it is haraam for her to travel even if there is no khulwah, if she does not have a mahram with her, because of the hadeeth of Ibn ‘Abbaas (may Allaah be pleased with him) which is narrated in al-Saheehayn. He said: I heard the Prophet (peace and blessings of Allaah be upon him) delivered a khutbah and said: "No man should be alone with a woman unless there is a mahram with her, and no woman should travel without a mahram."

Shaykh Muhammad ibn ‘Uthaymeen ? Majmoo'at As'ilah tahumm al-Usrah al-Muslimah, p. 46-47.

 

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