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Answer to a Question: The Husband's Father is a Disbeliever

July 28, 2004
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Question:

A Muslim woman is married to a Muslim man whose father is a disbeliever (kafir). Is the kafir father-in-law considered a maharam for this woman? Is it permissible for her to reveal in front of him from her awrah what a woman would reveal to her Muslim father-in-law?

Answer:

The husband's father is considered one of the maharim (unmarriageable kin), whether he is a Muslim or a non-Muslim. The verse states:

أَوْ آبَاءِ بُعُولَتِهِنَّ

"...or their husbands' fathers" (QS. An-Nur [24]: 31)

Islam was not specified as a condition; therefore, the treatment is the same whether he is a Muslim or a disbeliever.

In the Hadith: The Messenger of Allah (saw) approved of (the Mother of the Believers) Umm Habiba bint Abi Sufyan not veiling herself from her father, even though he was a disbeliever when he came to Medina to renew the Treaty of Hudaybiyyah. He visited her, and she did not veil from him. If his disbelief had made him different from a Muslim father, she would have veiled from him. This means that the phrase "or their fathers," which precedes "or their husbands' fathers," applies equally to both the disbelieving father and the Muslim father regarding maharam status, and the same applies to "their husbands' fathers."

Therefore, it is permissible for the Muslim wife to treat her husband’s disbelieving father like a Muslim father regarding the awrah. This is permissible (ja'iz) and not obligatory (wajib). That is, revealing the awrah before him like a Muslim maharam is permissible, and not revealing it is also permissible. However, I prefer to minimize the revealing of awrah before a disbelieving maharam because of his disbelief.

On 28/07/2004 CE.

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