Gavin Howe
In 2005, European judges ruled that Britain must change its 450-year-old laws on marriage to allow a person to marry their mother or father-in-law. Before this ruling, marrying one's mother or father-in-law was only permitted if their spouse had died or through a personal Act of Parliament. This ruling was praised by the human rights group Liberty, which stated that there was no logical, practical, or rational justification for prohibiting such marriages. However, it is important to note that in Islam, marrying one's mother-in-law is strictly prohibited. Additionally, in certain cases, indirectly incestuous marriages may be considered a loophole in the law.
| Characteristics | Values |
|---|---|
| Can I marry my mother-in-law? | In most places, no. |
| Can co-parents-in-law marry? | In Britain, yes, as of 2005 |
| Can I marry my mother-in-law in Islam? | No. |
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What You'll Learn
- In the UK, European judges have ruled that the ban on marrying your mother-in-law is illegal
- In Islam, it is prohibited to marry your mother-in-law
- In the US, it seems there are no laws against co-parents-in-law marrying
- In the past, British law allowed marriage to your mother-in-law only if your spouse had died
- A British woman was granted the right to marry her father-in-law by European human rights judges
In the UK, European judges have ruled that the ban on marrying your mother-in-law is illegal
In the UK, a British woman has been granted the right to marry her father-in-law by European human rights judges. The ruling by seven European judges means that the Lord Chancellor, Lord Falconer, must change British law to allow such marriages. The previous law, which had been in place for 450 years, banned parents-in-law from marrying their sons and daughters-in-law. The new ruling states that this law breaches Article 12 of the European Human Rights Convention, which gives men and women the right to marry.
The case in question involves a 37-year-old woman from the North-West of England who wishes to marry her 58-year-old father-in-law. The couple has been in a long-term relationship for nine years and is raising the woman's son together, who is also his grandson. The woman's previous marriage, which produced the child, ended in 1995 when her husband left the family home, and her relationship with her father-in-law began soon afterward.
The human rights pressure group Liberty, which brought the case to the European Court of Human Rights in Strasbourg, argued that there was "no logical, practical, or rational justification" for preventing the couple from marrying. The court agreed, stating that the existing measures, which only allowed such marriages if the spouse had died or through a personal Act of Parliament, were insufficient to grant an open right to marry.
However, the British government's lawyer argued that the existing law protected the family and morality, prevented sexual competition between parents and children, and shielded children from confusion, anxiety, and harm. Despite this, the European judges ruled that the ban on marrying one's mother-in-law was illegal, and Britain must now change its marriage laws to comply with the ruling.
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In Islam, it is prohibited to marry your mother-in-law
In Islam, it is prohibited for a man to marry his mother-in-law, even if he has divorced her daughter or if the marriage was never consummated. This ruling is based on the following verse from the Quran:
> "Forbidden unto you are your mothers, and your daughters, and your sisters, and your father’s sisters, and your mother’s sisters, and your brother’s daughters and your sister’s daughters, and your foster mothers, and your foster sisters, and your mothers-in-law, and your stepdaughters who are under your protection (born) of your women unto whom ye have gone in but if ye have not gone in unto them, then it is no sin for you (to marry their daughters) and the wives of your sons who (spring) from your own loins. And (it is forbidden unto you) that ye should have two sisters together, except what hath already happened (of that nature) in the past. Lo! Allah is ever Forgiving, Merciful." (An-Nisaa’: 23)
The phrase "and your mothers-in-law" is general and includes both divorced women and those who have not been divorced, as the moment a marriage contract is concluded with a woman, her mother becomes permanently forbidden to her husband, regardless of whether intimate relations have taken place or not. This ruling is supported by Sheikh Yusuf Al-Qaradawi, who states that it is not permissible to marry one's mother-in-law, irrespective of whether the man has engaged in sexual intercourse with her daughter or not.
However, it is important to note that this ruling only applies to the husband of a daughter and not to the wife's father-in-law. It is permissible for a husband's father to marry his son's mother-in-law if she is widowed or divorced, as the rule of being Mahram does not include the parents of the husband and wife.
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In the US, it seems there are no laws against co-parents-in-law marrying
It is unclear whether or not it is legal to marry one's mother-in-law in the United States. While some sources suggest that there are no laws explicitly prohibiting it, others indicate that it may depend on specific circumstances or state laws.
In US law, there are some restrictions on marriage between certain family members to prevent incest. For example, a person cannot marry their parent or grandparent, and step-siblings cannot marry if they were already step-siblings before the marriage. However, it is unclear if these laws extend to co-parents-in-law.
One source suggests that, pre-DNA testing, there was a reasonable suspicion that a woman's new husband could be the biological father of her child from a previous marriage. In such cases, laws regarding incest may have been affected. However, with modern DNA testing, it is easier to establish biological relationships, and so this may no longer be a relevant consideration.
It is worth noting that, in other countries, there have been legal challenges to bans on marrying one's mother-in-law. For example, in Britain, a couple successfully challenged a 450-year-old law that prohibited such marriages. European judges ruled that the ban violated Article 12 of the European Human Rights Convention, which gives men and women the right to marry. As a result, British law was altered to allow the couple to wed.
In contrast, in Islam, marrying one's mother-in-law is prohibited. According to Islamic law, a mother-in-law is considered an "everlasting mahram" to her son or daughter-in-law, and marriage between them is forbidden.
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In the past, British law allowed marriage to your mother-in-law only if your spouse had died
Marrying one's mother-in-law has historically been prohibited in the United Kingdom. However, there was a brief period in British legal history when it was possible for a man to marry his deceased wife's mother under specific circumstances. This unusual scenario was a loophole created by the interplay of different laws and religious rules.
The Deceased Wife's Sister's Marriage Act of 1907 is central to understanding this loophole. Before this Act, it was legally impossible in the United Kingdom for a man to marry his late wife's sister due to the prohibited degrees of affinity. However, the 1907 Act removed this impediment, allowing such marriages to be recognised if they took place in a country where they were lawful. This exception created an opportunity for men to marry not only their deceased wife's sister but also, in some interpretations, their mother-in-law.
The loophole existed because, while the Church of England still considered these marriages to be within the prohibited degrees, they were no longer voidable in an ecclesiastical court. This meant that, as long as the marriage took place in a country where it was legal, such as Scotland, and one of the spouses was domiciled in that jurisdiction, the marriage would be recognised in the United Kingdom.
It is important to note that this loophole was closed relatively quickly. The House of Lords ruled in 1848 that one spouse had to be domiciled in the jurisdiction of the wedding, making it more difficult to take advantage of this exception. Additionally, the Marriage Act of 1835 further tightened the rules, and by 1861, the loophole allowing marriages to a deceased wife's sister or, in some interpretations, mother-in-law, was effectively closed.
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A British woman was granted the right to marry her father-in-law by European human rights judges
In a landmark ruling, a British woman was granted the right to marry her father-in-law by European human rights judges. The decision, made by seven European judges, challenged a long-standing British law that prohibited parents-in-law from marrying their sons and daughters-in-law. This ancient law, dating back 450 years, was deemed to violate Article 12 of the European Human Rights Convention, which grants men and women the right to marry.
The case centred around a couple from the North-West of Britain who had been living together for nine years. The woman, aged 37, had been previously married to the father-in-law's son, with whom she had a son. However, her marriage ended in 1995 when her husband left the family home. Soon after, she began a relationship with her 58-year-old father-in-law, who was now both the grandfather and stepfather to her son. The child referred to his grandfather as 'Dad', and the father-in-law intended to adopt him.
The couple's initial attempt to marry in Warrington in 2002 was blocked, prompting them to take their case to Europe. The human rights pressure group Liberty supported their cause, arguing that there was "no logical, practical, or rational justification" for preventing the marriage. The judges agreed, stating that since the couple was already living together, the ban did not impact their family life. This ruling marked the second instance of European judges intervening in British family law, following a similar case involving transsexual marriage rights.
As a result of the ruling, the British government was compelled to amend its marriage laws to permit such unions. Lord Chancellor Lord Falconer was tasked with repealing the old law and implementing new rules to accommodate these rare but recognised relationships. This decision sparked debate about the potential impact on family dynamics and children's well-being, with the government's lawyer, Emily Willmott, expressing concerns about the risk of confusion and harm to children and the potential undermining of family foundations.
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Frequently asked questions
Yes, in 2005, European judges ruled that Britain must change its 450-year-old laws banning marriage between a person and their mother- or father-in-law.
No, in Islam, you cannot marry your mother-in-law at all. She is an everlasting mahram to you, and Allah has prohibited this in the Quran.
Yes, in the UK, marrying your mother- or father-in-law was allowed if your husband or wife had died.
