Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

I have a question concerning marriage as in Islamic Law; Can my younger brother marry my wife when I past away(die)? Thank you very much brother, I will be eagerly waiting for your reply.

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

Answer:

Marry sister in law

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verse 23:

23 Prohibited to you (for marriage) are: your mother, daughters, sisters, father's sisters, mother's sisters, brother's daughters, sister's daughters, foster-mothers (who gave you suck), foster-sisters, your wives' mothers, your step-daughters under your guardianship born of your wives to whom ye have gone in, no prohibition if ye have not gone in; (those who have been) wives of your sons proceeding from your loins, and two sisters in wedlock at one and the same time except for what is past; for Allah is Oft-Forgiving Most Merciful.

Absolutely regardless of whether one’s brother is older or younger than oneself, one’s brother’s wife is not considered a ‘mehram’ relative of the brother-in-law (husband’s brother)….thus if the brother who is married to the woman chooses to divorce his wife or he dies, there is absolutely no restriction in Shariah if the brother and the divorced or widowed wife of one’s brother chose to contract marriage with each other.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

Your brother and well wisher in Islam,

Burhan