Marrying Father-In-Law: A Woman's Legal Quandary

In Islam, a father-in-law is a Mahram, meaning it is prohibited for him to marry his daughter-in-law, just as it is prohibited to marry one's daughter or sister. However, it is permissible for a husband's father to marry his son's mother-in-law if she is widowed or divorced.

In Islam, a father-in-law is a Mahram, making it prohibited for him to marry his daughter-in-law

In Islam, the word "Mahram" comes from "Haram", meaning sacred or prohibited. A Mahram is a person who you are not allowed to marry, and it is permissible to see them without a headscarf and shake their hands. Therefore, a non-mahram means it is not haram to marry, with a few exceptions.

A father-in-law is considered a Mahram for his son's wife, and this relationship is established as soon as the marriage contract is completed. This is true even if the marriage is not consummated or ends in divorce. The Quran states that "the wives of your sons who (spring) from your own loins" are prohibited for marriage. This means that the wife of a man's son or grandson is forbidden to him, no matter how distant the relationship is.

The ruling also works the other way around, with a woman's husband being a Mahram for his mother-in-law. However, this does not include the parents of the husband and wife, meaning that a husband's father is not a Mahram for his wife's mother. If a woman's husband dies or they get divorced, her father-in-law remains a Mahram for the rest of her life.

There are some differences in opinion on the specific rules surrounding the interaction between a woman and her father-in-law. Some sources state that a father-in-law should never be alone with his daughter-in-law, while others state that it is permissible for them to shake hands and be alone together.

If a father-in-law touches his daughter-in-law with lust, she becomes haraam to her husband

In Islam, incest in any form is considered a grave and detrimental sin. If a man touches a girl with desire, the mahram rulings regarding marriage come into effect, and she becomes haram to his sons. This is the view of many Islamic scholars, including 'Umar, 'Imraan ibn al-Husayn, Jaabir ibn 'Abdullah, Ubayy ibn Ka'b, 'Aa'ishah, Ibn Mas'ood, and Ibn 'Abbaas.

However, some scholars disagree, stating that the mahram relationship only comes into effect as a consequence of intercourse within a valid, legitimate shar'i marriage. According to this view, touching a woman with lust does not make her daughter unlawful to marry. Instead, the man is advised to repent and steer clear of sinful situations.

In the specific case of a father-in-law touching his daughter-in-law with lust, the nikah of the daughter-in-law is permanently terminated, according to one source. This means that she becomes haraam to her husband, and they can no longer stay together as husband and wife.

It is important to note that the concept of "mahram" does not include the parents of the husband and wife. A wife is Mahram for her father-in-law, but not for his sons, and a husband is Mahram for his mother-in-law but not for her other daughters.

A wife is Mahram for her father-in-law, but not for his sons

In the context of Islam, a wife is considered Mahram for her father-in-law, but not for his sons. This means that the wife's father-in-law becomes a "Mehrem" or "Mahram by marriage" as soon as the marriage contract is conducted, regardless of whether the marriage is consummated. The husband's father is a Mahram for his son's wife, and certain privileges are permitted as a result, such as shaking hands, being alone with her, and travelling with her. However, there are also restrictions, such as the requirement for the wife to observe Hijab, including covering her head, face, hands, and feet when in the presence of certain family members, such as her husband's mother.

The concept of Mahram by marriage is supported by verses in the Quran, where Allah mentions the women who are Mahrams. For example, in Surah An-Nisa [4:23], Allah refers to "the wives of your sons who (spring) from your own loins," indicating that a wife is a Mahram for her father-in-law. Additionally, in Surah An-Nisa [4:22], Allah states, "And marry not women whom your fathers married, except what has already passed," suggesting that the husband's son is not considered Mahram for his father's wife.

It is important to note that the wife's relationship with her father-in-law as a Mahram is lifelong. Even in cases of divorce or the death of her husband, the father-in-law remains a Mahram for the wife. This is further emphasized in the Quran, Surah 24:31, where Allah states that women should not expose their adornment except to specific individuals, including their husbands, fathers, husbands' fathers, and sons.

While the wife is Mahram for her father-in-law, it is important for boundaries to be maintained. According to Islamic guidelines, the father-in-law should avoid being alone with his daughter-in-law and should always be in the presence of his son (her husband) or other specified family members. These guidelines ensure that appropriate interactions are maintained within the extended family structure.

A husband's mother-in-law must observe Hijab from his father, but not from him

In the context of marriage laws, a husband's mother-in-law must observe Hijab from his father but not from him. This means that the mother-in-law should maintain a level of modesty and cover herself in front of her son-in-law's father, but not necessarily in front of her son-in-law. This is because the son-in-law is considered Mahram to his wife's mother, but the wife's father is not Mahram to his son's wife. Mahram refers to individuals who are considered "unmarriageable" due to close familial ties, and it is forbidden for a woman to appear before non-Mahram men without her Hijab.

According to Islamic law, a wife is Mahram for her father-in-law, but not for his sons, and a husband is Mahram for his mother-in-law, but not for her other daughters. This rule of being Mahram does not extend to the parents of the husband and wife. Therefore, a husband's mother-in-law must observe Hijab in front of her son-in-law's father to maintain modesty and adhere to religious guidelines.

However, it is important to note that some women choose to wear the Hijab in front of their daughters' husbands as well, which is considered a form of extremism in the context of Hijab. While it is not required, a woman may choose to do so if she feels uncomfortable or believes the man looks at her inappropriately. In such cases, the woman may also refuse to greet her son-in-law with Salam or shake hands with him.

The concept of Mahram and the observance of Hijab are important aspects of Islamic law and cultural norms, influencing the dynamics between in-laws and step-families. These guidelines ensure modesty, respect, and proper conduct within familial relationships, especially those formed through marriage.

While the specifics of Hijab observance may vary across different cultures and interpretations of Islamic law, the underlying principle of modesty and respect remains consistent. This example highlights the complexities of familial relationships and the importance of understanding and adhering to cultural and religious norms within those relationships.

Hurmat Musaaharat is a law of Shariah that forbids specific men from marrying specific women

In the context of the question "Can a woman marry her father-in-law?", Hurmat Musaaharat is a law of Shariah that forbids specific men from marrying specific women. This law applies when there has been lawful or unlawful contact between a man and a woman, intentionally or unintentionally, with certain conditions laid down by the Shariah.

For instance, if a woman's husband dies, his father cannot marry her, as she is considered a Mahram to him. However, a husband's father can marry his mother-in-law if she is widowed or divorced. The rule of being Mahram does not include the parents of the husband and wife.

The conditions for Hurmat Musaaharat are as follows:

• When lawful intercourse takes place (through marriage) or unlawful intercourse (adultery and fornication) – with the condition that both the boy and the girl are mature or one is close to maturity (the girl should not be less than nine years of age and the boy should not be less than twelve years of age).
• Intercourse in the state of menstruation or post-natal bleeding will have the same outcome as Hurmat Musaaharat.
• If there is lust in either the mature or close-to-mature boy or girl when they make physical contact (touching, kissing, etc.) through lawful means (such as marriage) or unlawful means (such as adultery or fornication) with no cloth in between, or a cloth so thin that it might as well not be there, the same outcome of Hurmat Musaaharat is established.

Imam Shafi (RA) is of the view that Hurmat Musaaharat is established only through lawful intercourse and not through unlawful sexual intercourse or touching. He cites the Prophet of Allah as saying, "Haram (action) does not prohibit (make Haram) that which is Halal. The Haram (i.e., Hurmat Musaaharat) is established through marriage."

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