Jan 21, 2013

Posted by in Character & Morals, Marriage, Q & A, Women's Issues | 0 Comments

Could my Brother In Law stay with us in the same house

Could my Brother In Law stay with us in the same house

Question:

Salam alykum
Dear Brother

I have a questions regarding staying of brother in law. my brother in law stays with me and my husband in a same house. we all are working and come back home in the evening. Iam very uncomfortable and this is creating lot of fights and quarells between me and my husband. I often tell my husband to ask his brother stay separate as he is earning and adult. But my husband says as a elder brother it is his responsibility to take care of his brother. my husband told me that if I have problem staying with him I can leave the house and stay separate or he will divorce me. I told him that in islam it is not allowed for a brother in law to stay in a same house but he said it is only applicable when wife is staying alone with brother in law and husband is not around. as we all are working and he comes home only iam around then this rule dosent apply.
Pls advice me
may Allah reward you with the best in both worlds

jazakallah
wsalam

Answer:

As-salāmu ‘Alaykum Wa-rahmatullāhi Wa-barakātuh.
In the Name of Allah, the Most Gracious, the Most Merciful.

Respected Sister

According to Shariah the brother in law is a Ghair Mahrem to his Sister in law. Due the brother in law not being permanently haraam for the Sister in law and the permissibility of nikah between the two being possible will obligate strict hijab laws between the two.

Sayyiduna Uqbah ibn Aamir Radiyallahu Anhuma narrates that; Rasullulah Sallalahu Allayhi Wassallam mentioned[1

عن عقبة بن عامر: أن رسول الله صلى الله عليه وسلم قال : … الحمو الموت

 “The brother-in-law is death.”

If one would analyze the specific reference to the brother in law is due to the easy access to his sister in law in relation to the other Ghair Mahrems and the probability of Fitna is lesser with the other Ghair Mahrems then the Brother in law.

At the outset Sharia closes all doors which would lead to all forms of Zina from the very beginning and that could only be observed if one adheres to the laws of Hijab.

We would advise you to humbly speak to your husband with affectionate and love with regards to your concerns and privacy in light of the laws of Hijab.

However for some reason if your husband could not facilitate a different accommodation for his brother then temporarily you should come to some agreement with regards to demarcating an area of the home for your privacy and hijab by which you would be able to move freely without any hindrance whilst doing any house chores.

This requires a lot of co-operation and understanding from your husband’s side. If there is mutual understanding from both sides then it would not be difficult to implement the laws of Hijab in a joint family system.

We make Dua Allah Ta’ala grants you stability in your marriage and keeps you and your husband Steadfast on the teaching of Shariah. Aameen

And Allah Ta’ala knows best
Mufti Luqman Hansrot
Fatwa Dept.

www.efiqh.com



[1] عن عقبة بن عامر: أن رسول الله صلى الله عليه وسلم قال: إياكم والدخول على النساء فقال رجل من الأنصار: يا رسول الله، أفرأيت الحمو؟ قال: الحمو الموت.
(صحيح البخاري,ج7,ص37)

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