Fatwa No : 85884
The Ruling on a Brother-in-Law Maintaining a Relationship with His Sister-in-Law and Marrying Her

The Ruling on a Brother-in-Law Maintaining a Relationship with His Sister-in-Law and Marrying Her

Assalamu Alaikum! Mufti Sahib, I have a very serious issue. The matter is that my third elder sister’s husband is excessively involved with my fifth elder sister. The involvement appears to be more from my sister’s side, and unfortunately, my family is not aware of this situation. I request you to please tell me some supplication (du‘a) or spiritual practice (wazifa), and also to perform istikhara and inform me about what is going on in my brother-in-law’s heart and mind, as well as in my sister’s. I also want you to tell me an istikhara or supplication through which my brother-in-law’s heart (the husband of my third sister) develops dislike or distrust towards my fifth sister, so that whatever is going on between them comes to an end.
The reason for my concern is that my brother-in-law’s wife—my third sister—is pregnant, and this is her last delivery. I want that before the delivery, discord arises between those two people so that he does not abandon his wife or move towards a third marriage. Because my brother-in-law is intending to marry for the third time, though he has not yet disclosed whom he wants to marry. He has only said that there is a girl he wishes to marry. However, I am convinced that this girl is my fifth sister, because there is no one else, and he has never mentioned anyone else before.

الجوابُ حامِدا ًو مُصلیِّا ً

It should be made clear that maintaining an unnecessary and free relationship or engaging in casual interaction with a non-mahram is Islamically impermissible, unlawful, and a major sin. Therefore, in the present case, since all the sisters of one’s wife are non-mahram to the husband, it is obligatory upon the brother-in-law mentioned by the questioner to completely refrain from unnecessary conversation, informal interaction, or friendly relations with his wife’s sisters without proper hijab.
Similarly, it is also obligatory upon the questioner’s fifth sister to strictly avoid forming any unnecessary relationship, communication, or involvement with a non-mahram, and to safeguard her honor and chastity while observing the limits set by Shariah, and to refrain from any conduct that may harm the dignity and respect of the household and family.
However, if there have in fact been inappropriate relations or dealings between the brother-in-law and the fifth sister, and the questioner has knowledge of this, then in order to prevent further corruption and harm, the correct course of action is to discreetly and confidentially inform the influential and trustworthy elders of the family, so that the matter may be resolved with complete discretion and without compromising the family’s honor and dignity.

مأخَذُ الفَتوی

کما قال اللہ تعالیٰ: قُل لِّلۡمُؤۡمِنِينَ يَغُضُّواْ مِنۡ أَبۡصَٰرِهِمۡ وَيَحۡفَظُواْ فُرُوجَهُمۡۚ ذَٰلِكَ أَزۡكَىٰ لَهُمۡۚ إِنَّ ٱللَّهَ خَبِيرُۢ بِمَا يَصۡنَعُونَ الخ(سورۃ النور،الایۃ30)
وقال تعالیٰ ایضا: وَأَن يَسۡتَعۡفِفۡنَ خَيۡرٞ لَّهُنَّۗ وَٱللَّهُ سَمِيعٌ عَلِيمٞ (سورۃ النور،الایۃ60)
وفی المرقاۃ: ‌المحرم ‌من ‌النساء ‌التي ‌يجوز له النظر إليها والمسافرة معها كل من حرم نكاحها على التأبيد بسبب مباح لحرمتها فخرجت بالتأبيد أخت الزوجة الخ(کتاب المناسک، الفصل الأول،ح2515،ج5،ص2515،ط: دار الفکر)۔
وفی الدر:(امتنع نظره إلى وجهها) فحل النظر مقيد بعدم الشهوة وإلا فحرام وهذا في زمانهم، وأما في زماننا فمنع من الشابة قهستاني وغيره الخ
وفی الرد تحت( قولہ: وأما في زماننا فمنع من الشابة) لا لأنه عورة بل لخوف الفتنةالخ(کتاب الحظر والاباحۃ، ‌‌فصل في النظر والمس،ج6364،ط:ایچ ایم سعید)۔