Court marriage

Md Faruk Ahmed (Querist) 06 May 2020 This query is : Resolved
I am a muslim adult boy. How can marrie my relative who is my niece (elder Brothers daughter)

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This discussion addresses the permissibility of a Muslim man marrying his niece, the daughter of his elder brother. According to Muslim personal law and Quranic injunctions, marriage to a niece is prohibited due to consanguinity. While such marriages may occur in some communities globally, they are generally considered legally invalid under Islamic tenets.

Rajendra K Goyal (Expert) 06 May 2020
The following prohibitions are given from the male perspective for brevity; the analogous counterparts apply from the female perspective; e.g., for "aunt" read "uncle". The Quran states:

O ye who believe! It is not lawful for you to inherit women forcefully. And do not marry women to whom you father has ever married except what has passed. Indeed it was lewdness, disbelief, and a bad way. Prohibited to you are your mothers, your daughters, your sisters, your paternal aunts, your maternal aunts, brother's daughters, sister's daughters, your mothers that are those who suckled you, your sisters from suckling, mothers of your women, your step-daughters in your guardianship from your women you have entered upon but if you have not entered upon them then there is no blame on you, women of your sons from your loins, and that addition of two sisters (in a wedlock) except what has passed. Surely God is Forgiving, Merciful.
— Al-Quran, 4:19–23

Prohibited relations for Nikah in Mohammondons.

Consanguinity : Consanguinity means blood relationship and a prohibits a man from marrying the following females
1. His mother or grandmother (however high so ever)
2. His daughter or granddaughter (how low so ever)
3. His sister whether full blood half blood or uterine blood
4. His niece or great niece (how low so ever)
5. His aunt (father’s sister or mother’s sister)or great aunt (how high so ever)
A marriage with a woman within the relationship of consanguinity is absolutely void. Children born out of that wed-lock are illegitimate.

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Rajendra K Goyal (Expert) 06 May 2020
From the above, it is clear that a Mohammedan can not marry within the prohibited relations. Nice is among the prohibited relations.

It is doubtful, court can allow marriage which is against the personal law.

Raj Kumar Makkad (Expert) 06 May 2020
Legally this marriage is prohibited as per details submitted by expert Goyal, however, such types of marriages are prevalent in Muslims in all parts of the world.

Rajendra K Goyal (Expert) 06 May 2020
Author,
You have not mentioned whether both families have consented or not?
What is the view of local Maulana?
What is the age of noce in this case?

Dr J C Vashista (Expert) 07 May 2020
Very well explained and advised by expert Mr. Rajendra K Goyal.

P. Venu (Expert) 07 May 2020
Yes, such marriages are prohibited under the tenets are Mohammedan Law. And, to my knowledge, Muslims always abide by their tenets.

Rajendra K Goyal (Expert) 07 May 2020
Thanks with regards, expert Dr J,C.Vashista ji for agreeing.

T. Kalaiselvan, Advocate (Expert) 07 May 2020
No doubt brother's daughter is also falling under niece category, hence as per the prohibition envisaged in Muslim personal law, the marriage may not be legally recognised as a valid nikah.
What is the prevailing customs in your local community especially in this regard.

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