What is the shariah punishment for a man who

[innocent]

What is the shariah punishment for a man taking a second wife who is the neice of his living first wife?
Which marriage is valid? 1st or second?

[Ummu Sufyaan]

:sl:
ask a sheikh? =)

[aadil77]

is it wrong to marry the niece of your wife?

[innocent]

Yes it is not permissible to marry wifes neice if she is alive.

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[Alpha Dude]

Would she be considered a mahram to him? If so, why would an imam conduct the nikah? Did he not know?

It is better that you asked this question to a knowledgable scholar.

[أبو سليمان عمر]

what is the daleel that he cant marry his wife niece as far as i know it is permissable and Allah knows best

[distressed]

how does your wife feel about you taking her niece as a 2nd wife ?? do you not think shes gona be a tad hurt with it being such a close relation? if she is in agreement to you marrying again, cant you pick some1 else?

[innocent]

what is the daleel that he cant marry his wife niece as far as i know it is permissable and Allah knows best

http://www.islamqa.com/en/ref/22302/marry%20women

[innocent]

how does your wife feel about you taking her niece as a 2nd wife ?? do you not think shes gona be a tad hurt with it being such a close relation? if she is in agreement to you marrying again, cant you pick some1 else?

Sorry are you talking to me? I am a female and the question is regarding a relative.

[brotherubaid]

But u just said its not permissible to marry ur wifes niece , can u prove that first and than we can InshahAllah talk about how much she will be hurt n all.

[cat eyes]

for god sake you think he would PICK some one who is not a relative. that is a little disgusting to me, i mean you can say that a niece is nearly like a sister really

[aadil77]

But u just said its not permissible to marry ur wifes niece , can u prove that first and than we can InshahAllah talk about how much she will be hurt n all.

It is also forbidden to be married to a woman and her paternal aunt or a woman and her maternal aunt at the same time, because the Prophet (peace and blessings of Allaah be upon him) said: “Do not be married to a woman and her paternal aunt or a woman and her maternal aunt at the same time.” (Agreed upon). And the Prophet (peace and blessings of Allaah be upon him) explained the reason behind that when he said, “If you do that then you have broken the ties of kinship.” That is because of the jealousy that exists between co-wives, and if one of them is related to the other, the ties of kinship between them will be cut. But if a woman is divorced and her ‘iddah is over, then her sister, paternal aunt and maternal aunt become permissible for marriage (to that man), because the reason for the prohibition has ceased to exist.

http://www.islamqa.com/en/ref/22302/

[أبو سليمان عمر]

asalamu wa alaykum
i ask a shaykh yesterday after i posted what i posted and he said it is not permissable to marry the aunt and neice at the same time and if this person married the niece not knowing it is haram then this was do to his Jahiliyah and there for he needs to choice one and divorce the other but if this person know about this then there is a great sin and he still needs to divorce one
And Allah knows best

[Woodrow]

:sl:

Just an attempt to answer the original question.

What is the shariah punishment for a man taking a second wife who is the neice of his living first wife?
Which marriage is valid? 1st or second?

As already been answered, it is not permissible to marry the first wife's niece. To make either marriage valid, the husband must divorce one. Now regarding the punishment for the man under sharia. Sharia recognizes two levels of crimes Hadd and tasir. Only the hadd crimes carry a required punishment. There are 5 recognized hadd crimes with very specific punishment.
1. Murder;
2. Apostasy from Islam
1. (making war upon Allah and His messengers)
1. Theft
2. Adultery
3. Defamation

There are 3 other crimes that are usually considered Hadd as punishment is required, but no specific punishment is mandatory. Only that there will be a punishment.

2. (false accusation of adultery or fornication)
1. Robbery
2. Alcohol-drinking [any intoxicants]

More about Hadd and Tasir crimes can be found HERE


In the tasir crimes the goal would be full restitution of what was lost to the wronged person. This will be determined by the loss the wronged person had and the decision of the judges as to how and when restitution will be made. this will differ on a case to case basis and the proof the wronged person can present to verify the alleged loss. Shariah is not all about punishment it is also about correcting wrongs and rectifying losses of any type.

In this case of the invalid marriage any punishment would be based on loss to the local people and specifically any and all who can prove they suffered as a result of the invalid marriage. This all will be in the hands of the local judges.

[revert2007]

Assalamualikum.The answer for your question is by knowing who is his mahram.If the woman is his mahram,then he is forbidden to marry her.

WHO IS CONSIDERED TO BE MAHRAM FOR MUSLIM MEN:
Any woman, with whom a man has a relationship (of blood or foster) that precludes marriage, is considered a Mahram to him. Mahram women include his mother, grandmother, daughter, granddaughter, sister, aunt, grandaunt, niece, grandniece, his father's wife, his wife's daughter, his mother-in-law, his foster mother, foster sisters, and any foster relatives that are similar to the above mentioned blood relatives.

IN SURAH NISA, ALLAH RABB UL IZAT ORDERS MUSLIM MEN:
"And marry not women whom your fathers married, except what has already passed; indeed it was shameful and most hateful, and an evil way. Forbidden to you (for marriage) are: your mothers, your daughters, your sisters, your brother's daughters, your sister's daughters, your foster mother who breastfed you, your foster sisters, your wives' mothers, your stepdaughters under your guardianship, born of your wives to whom you have gone in -but there is no sin on you if you have not done so (to marry their daughters), the wives of your sons who spring from your loins, and two sisters in wedlock at the same time, except for what has already passed; verily Allah is Oft-Forgiving, Most Merciful. " [4:22-23]


So the answer is..NO



source

[أبو سليمان عمر]

maybe you didnt see this akhi
the Prophet (peace and blessings of Allaah be upon him) said: “Do not be married to a woman and her paternal aunt or a woman and her maternal aunt at the same time.” (Agreed upon).

[innocent]

asalamu wa alaykum
i ask a shaykh yesterday after i posted what i posted and he said it is not permissable to marry the aunt and neice at the same time and if this person married the niece not knowing it is haram then this was do to his Jahiliyah and there for he needs to choice one and divorce the other but if this person know about this then there is a great sin and he still needs to divorce one
And Allah knows best

What if he refuses to divorce one?

[Woodrow]

What if he refuses to divorce one?

The way I understand it, in that case he would not be considered legally married to either. The marriage to either invalidates the marriage to the other. I am not clear if this would be considered fornication or not. In any event since this does not seem to be a Hadd offense, the punishment would be prescribed by the local Judiciary and determined by the circumstances.