Whether a mother’s maternal uncle is a mahram for her daughter
Question
A charitable organization whose activities include organizing hajj and ʿumrah received a passport from a woman wishing to perform ʿumrah with her grandmother. Her mother’s maternal uncle wants to travel with them. Is he considered a mahram to her?
It should be noted that his sister, the grandmother of the woman in question, will also be traveling with the same group to perform ʿumrah.
Answer
It is established in Islamic law that a father’s or mother’s uncle is considered a true uncle in terms of being a permanent mahram (permanently unmarriageable kin), even if he is from a higher generation. This is based on the words of Allah Almighty, “Forbidden to you (for marriage) are your mothers, your daughters, your sisters, your paternal aunts, your maternal aunts, your brothers’ daughters, and your sisters’ daughters” (Quran, 4:23).
Shams al-Deen al-Khaṭib al-Shirbini noted in Mughni Al-Muḥtaj (4:289), “The fourth and fifth categories of women forbidden in marriage are the daughters of brothers and sisters from all sides, as well as the daughters of their children, even if many generations down.”
The ruling
Based on the above, the maternal uncle of the woman’s mother is a permanent mahram for his grandniece.
And Allah the Almighty knows best.
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