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:

Salam mufti sahab.

Sorry for asking this indecent question but its very important because its matter of marriage. My friends family want my friend to marry with a girl who had affair with his elder brother many years ago (Allah knows the extent of their relationship may be they commit big sin)ofcourse both families doesnt know abt these relation. its big trouble if he refuse to marry because his elder brother had relation with that girl then these both families may seperate for ever because they have decided the marriage. Please tell us is it allowed for him to marry with that girl?. Is this marriage is valid according to shariah?

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Answer:

Marry brothers lover

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.

Your Question: ….Please tell us is it allowed for him to marry with that girl?. Is this marriage is valid according to shariah?

Just because a girl was in an illicit and unlawful relationship with one’s brother in the past, does not by itself make the marriage with that girl unlawful or illegal in the least.

If the boy and the girl are eligible and wish to marry each other, absolutely regardless of whether the girl happened to have an illicit relationship with the boy’s brother in the past, and absolutely regardless of the extent of their relationship…..the marriage itself would be considered legal and lawful in the Sight of Shariah Law.

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