The ruling on the wife''s uncle

Q: I married the daughter of my full-brother's daughter. However, I did not consummate the marriage. She stayed in her father's house after we concluded the marriage contract; because she was very young at the time. I intended to consummate marriage after she reaches the age of puberty but a religious scholar told me (Part No. 18; Page No. 201) that this marriage is not permissible. He quoted as evidence Allah's saying (Exalted be He) on the women who are not lawful for a person to marry: Forbidden to you (for marriage) are: your mothers, your daughters to His saying: ...your brother’s daughters He added that marrying my brother's daughter or her descendants is unlawful for me. After that I consulted another scholar who told me that there is no evidence to support the view of anyone who says that my marriage contract is invalid. Therefore, I am writing to you hoping that you will send me a written Fatwa as regards the ruling on this marriage.

A: If the reality is as you have mentioned, that you wrote a marriage contract to your full-brother's daughter, it is unlawful for you to marry her. Consequently, your marriage contract is invalid; because you are her uncle. Concerning the women who are unlawful for the person to marry, Allah (Glorified and Exalted be He) says: Forbidden to you (for marriage) are: your mothers to His saying: ...your brother’s daughters A brother's daughter is like a brother's granddaughter. This is according to the Ijma` (consensus of scholars), and you have to repent to Allah (Exalted be He) for doing this. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.