A Daughter-In-Law Is Not An Option

The concept of a man marrying his daughter-in-law is a complex and often taboo topic. While it is legally permissible for co-parents-in-law, such as a husband's father and a wife's mother, to marry in certain jurisdictions, it is generally frowned upon due to the squick factor of familial romantic relationships. In some cultures, marrying a daughter-in-law is a common practice, such as in the case of nikaah halala in Islam and certain regions of India. However, in the United States, a father marrying his biological daughter is illegal and considered criminal incest.

Daughter-in-law's mother and father-in-law

The relationship between a daughter-in-law and her parents-in-law can be complex and multifaceted. While the exact nature of the relationship can vary depending on cultural, social, and personal factors, there are some general aspects that are often present in this dynamic.

Typically, the daughter-in-law's mother and father-in-law are the parents of her spouse or partner. In this context, the relationship between the daughter-in-law and her in-laws is primarily defined by their shared connection to their common relative, the daughter-in-law's spouse. The quality of the relationship between the daughter-in-law and her in-laws can significantly impact the overall family dynamics and the well-being of all involved.

It is worth noting that the relationship between a daughter-in-law and her in-laws can be influenced by cultural and regional traditions, expectations, and norms. In some cultures, for example, the daughter-in-law may be expected to fulfil specific duties or responsibilities towards her in-laws, such as providing care or support in their older age. In other cases, the relationship may be more distant or formal, with limited interaction or emotional involvement.

Communication and mutual respect are crucial in fostering a positive relationship between a daughter-in-law and her parents-in-law. Open and honest dialogue can help clarify expectations, address potential conflicts, and strengthen familial bonds. It is also important to recognise that each individual brings their own unique personality, values, and experiences to the relationship, which can either enhance or challenge the dynamic.

In some rare and unusual circumstances, the idea of a daughter-in-law's mother and father-in-law entering into a relationship with each other has been explored, both in fiction and in discussions of hypothetical scenarios. While such relationships are generally considered taboo and are not legally recognised as valid marriages in places like the United States, they do not fall under the category of genetic incest. However, they can still evoke strong emotional responses and complex family dynamics.

Marriage laws in Islam

In Islam, marriage is a sacred union between a man and a woman, fulfilling their obligations to God and to each other. While the sources do not explicitly prohibit a man from marrying his daughter-in-law, there are certain relationships within which marriage is forbidden. These include mothers, grandmothers, daughters, granddaughters, sisters, nieces, great-nieces, aunts, and great-aunts. Marriage is also prohibited with anyone related by blood or marriage to these relatives. Polygamy is allowed under specific circumstances, such as if the wife is chronically ill, unable to have children, or in certain wartime conditions. However, polyandry, where a woman has multiple husbands, is forbidden.

The Islamic marriage system involves two types of marriages: permanent and fixed-term. In a permanent marriage, the union is intended to last forever. On the other hand, a fixed-time marriage, or 'Mut'ah', involves a predetermined duration, ranging from an hour to a lifetime. If the fixed period exceeds the expected lifespan of the spouses, it is reclassified as a permanent marriage.

The actual marriage ceremony, known as 'Nikah', is performed by an Islamic authority and requires witnesses from both sides. The groom and the bride's guardian must be present, while the bride's attendance is optional. A mandatory gift, known as the 'dower' or 'mehr', is given by the husband to the wife, with the amount announced during the ceremony. The sum is agreed upon by both parties and can be paid in a lump sum or instalments. Once the marriage forms are completed and the ceremony is witnessed, the contract becomes legally binding.

Consent is an important aspect of the Nikah ceremony. If the Nikah is pronounced without the woman's consent, the marriage can still be considered valid if both parties endorse it afterward. Additionally, if either party is coerced into the marriage, it is recommended that the Nikah be repeated, even if they later consent. The father or paternal grandfather of a minor or insane person can contract a marriage on their behalf.

Legality of incest

Laws regarding incest, or sexual activity between family members or close relatives, vary significantly across different jurisdictions. These laws depend on the type of sexual activity, the nature of the family relationship, and the age and sex of the individuals involved. Incest laws may also impose restrictions on marriage, which differ between locations.

In the United States, laws regarding incest differ between states. In all but two states, incest between consenting adults is criminalized. In Ohio, incest is only criminalized when one party is a parental figure to the other. Rhode Island has repealed its criminal incest statute and only criminalizes incestuous marriage. New Jersey penalizes incest as aggravated sexual assault when both parties are under 16 and as sexual assault when both parties are over 16 but under 18. New Jersey also criminalizes incest with 16-17-year-olds and increases the severity of underage sex offenses if they are incestuous. According to a California Supreme Court case, a minor under 18 in a consensual incestuous relationship is considered a victim, not an accomplice. The most severe penalties for incest in the US are in Massachusetts, Virginia, Texas, Oregon, Georgia, Wisconsin, and Colorado, with punishments ranging from 20 years to life imprisonment.

In other countries, incest laws also vary. For example, in Germany, Albania, Slovenia, Slovakia, Serbia, Poland, Norway, Hungary, Bulgaria, and Cyprus, incest is prohibited. Belarus, Belgium, Estonia, Latvia, Lithuania, France, Russia, Spain, Ukraine, and Portugal allow consensual incest if both individuals are over 18. In Malaysia, incest includes sexual intercourse with step-family members, and in Pakistan, incest is defined as marriage between a male and his wife's or former wife's ancestors.

It is important to note that, regardless of legal prohibitions, incest is often considered taboo or socially unacceptable in many cultures worldwide. Additionally, when incest involves an adult and a minor, it is generally regarded as a form of child sexual abuse.

Step-siblings marrying

In the United States, a man cannot legally marry his daughter, and such a marriage would not be valid. In many states, the man would be prosecuted for criminal incest.

However, in the US, it is not illegal for step-siblings to marry. This is because they are not genetically related, and there is no blood relationship between them. In fact, a marriage between step-siblings is legal in all states.

Step-sibling marriage is also permissible in Islam. The founder of the religion is said to have married his adopted son's wife, Zainab, after his adopted son gave her a talak (divorce).

In the Catholic Church, the question of whether step-siblings can marry is more complex. While some sources claim that it is permissible, others suggest that if one of the step-siblings has been adopted by the other's parent, this effectively creates a blood tie, and therefore the marriage would not be lawful.

It is important to note that while step-sibling marriage may be legally permissible in some jurisdictions, it is still considered taboo by some cultures and societies.

Validity of common-law marriage

It is important to note that a man cannot marry his daughter or his daughter-in-law, as this is considered incest and is illegal.

Common-law marriage, also known as non-ceremonial marriage, informal marriage, or marriage by habit and repute, is a marriage that is considered valid by the partners but is not formally recorded with a state or religious registry or celebrated in a formal civil or religious service. It is a marriage that results from the couple's agreement to consider themselves married, followed by cohabitation, rather than through a legally defined process.

The validity of common-law marriages varies depending on the jurisdiction. While some states or countries may recognize common-law marriages, others may not. For example, common-law marriages are recognized in seven states and the District of Columbia in the United States, but Australia, Ireland, and England do not recognize them.

In states or countries that allow common-law marriage, couples in such a marriage may have the same rights as a couple who went through a formal marriage process. Generally, a couple is considered to be in a common-law marriage when they live together for a period of time and hold themselves out to friends, family, and the community as "married".

The recognition of common-law marriages can be traced back to medieval Europe, where canon law recognized a valid marriage in which the parties stated they took each other as husband and wife, even in the absence of any witnesses. However, the Catholic Church later forbade clandestine marriages at the Fourth Lateran Council in 1215, requiring all marriages to be announced in a church by a priest.

In summary, the validity of a common-law marriage depends on the specific laws and regulations of the jurisdiction in which the marriage is taking place. While some states or countries may recognize common-law marriages, others may not, and it is important to understand the specific requirements and implications of such a marriage in the relevant jurisdiction.

Frequently asked questions