Question:

What do the expert scholars of shari’ah say of the following scenario: One of the projects we run as a charity is sending people for Hajj and Umrah. We have received the passport of a lady who wishes to travel with her mother’s maternal uncle. Will her mother’s maternal uncle be her mahram? His sister, who is the girl’s maternal grandmother, will also be travelling with them.

Answer:

This is accepted in shari’ah that the maternal uncle of one’s mother or father will be considered a mahram as if they were directly a woman’s own maternal uncle. This will be the case however many generations you add in between.

For men, there are certain woman with whom it is haram for them to get married to. Allah ﷻ has mentioned in the Holy Qur’an:

“It is forbidden for you to marry: your mothers; your daughters; your sisters; your maternal aunts; your paternal aunts; nieces from the brother’s or sister’s side.” (Surah Al-Nisa:23)

Shams ud Din Al-Khatib Al-Sharbini mentions, “From the woman with whom marriage has been made haram, there are the nieces from the brother’s or sister’s side. This will then include their daughter and so on, regardless of how many generations further you go.” (Mughni Al-Muhtaj)

Based on these evidences, the mother’s maternal uncle will be a mahram for the woman and she will always be haram for him marry.

Allah ﷻ knows the best

This Fatwa is written by Dr. Hafiz Muhammad Munir Al-Azhari