Fatwa: # 16068
Category: Marriage (Nikah)
Country: Bahamas
Date: 21st January 2008

Title

If a man marries a widow with a 20 year old daughter is her daughter mahram or ghair mahram...

Question

1. If a man marries a widow with a 20 year old daughter is her daughter mahram or ghair mahram
2. if a person joins salat when the imam is in ruku do we join directly or stand in qiyaam for 3-5 seconds because qiyaam is farz

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

1.      If the marriage with the widow (girl’s mother) was consummated, she will be considered as a Mahram and marriage will not be permissible with her thereafter. If the marriage with the widow was not consummated and she either passed away or was divorced before consummation, the daughter will not be considered as a Mahram. Thus, marriage will be permissible with her. (Al-Bahr al-Ra’iq, vol. 3 pg. 93, Maktaba Rashidiyah)

2.      There is no need to remain standing in Qiyam for 3-5 seconds. After completing the Takbeer Tahreema in Qiyam, one can move directly into Ruku. However, one must ensure that the Takbeer is said in the standing posture. The Takbeer should not be said while going into Ruku. (Fatawa Dar al-Uloom Deoband, vol. 3 pg. 398, Dar al-Isha’at)

And Allah knows best

Wassalam

Ml. Yusuf bin Yaqub,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa

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