Can you marry a stepbrother?
Answer:
Bismillah was shalatu was greeting ‘ala Rasulillah, wa ba’du,
We provide illustrations to make it easier to understand who is meant by the half brother …
Parjio is a widower, has a daughter from the first wife, named Ani. Ngatiyem is a widow, has a son from the first husband, named Rudi.
Parjio is married to Ngatiyem, so Ani’s relationship with Rudi is a half brother.
Can they get married?
Allah has explained who are women who should not be married to men … Allah explained in Surat an-Nisa,
حرمت عليكم أمهاتكم وبناتكم وأخواتكم وعماتكم وخالاتكم وبنات الأخ وبنات الأخت وأمهاتكم اللاتي أرضعنكم …
“Forbidden from you (marrying) your mother-mother; your daughters; your brothers and sisters, your sisters and brothers; your mother’s sisters who are women; daughters of your brothers and sisters; daughters of your sisters; your mothers are breastfeeding you … “(Surat an-Nisa: 23).
Are there half brothers there?
The answer is no … There is no half brother there.
Because of that, they may get married … because they are NOT mahram.
Imam Ibn Baz was once asked about the law of marrying a half-brother …
His answer,
ليس هناك حرج إذا تزوج أخو زيد من الأم أخته من الأب لانا ليس بينهما قرابة ، ولم يكن بينهما رضاع.
زيد له أخت من الأب وله أخ من الأم ، فأخوه من الأم ينكح أخته من الأب ، لا بأس به ؛ لأنه ليس بينهما قرابة
No problem … when a thousand brothers from Zaid married a brother from Zaid, it didn’t matter. Because both of them have no relationship of intimacy, and both of them are not siblings.
Or Zaid has a sister and brother and sister, it doesn’t matter. Because both of them have no kinship. (Muhadharah wujub al-amal bis sunnah, Imam Ibu Baz)
A fatwa, for example, was conveyed by a fatwa Syabakah Islamiyah institution,
فلا مانع شرعا أن بأخت أخيه غير الشقيق- من النسب داما لم تحصل بينهما المحرمية بسبب آخر لأنه لا علا قة بينهما. فالله تعالى إنما حرم الأخوات بالنسب أو الرضاعة
It does not matter that a man is married to his step sister – both a nasab and a half sister – as long as both of them have no relationship with other reasons. Because there is no connection between the two. Allah only forbids marriage with a sister because of nasab or septerusan.
Then the word of God is included in the letter an-Nisa verse 23 above. (Fatwa Syabakah Islamiyah, no. 95208)
Note:
The following is NOT a half brother …
Budi is a widower, has a daughter named Rahmah. Then Budi remarried Maryam, then had a son named Luqman. Rahmah’s relationship with Luqman is NOT a half-brother, but a relative. And they are mahram, so they cannot marry.
Or vice versa,
Siti is a widow, has a daughter named Shofiyah. Then Siti remarried Hasan, then had a son named Nurman. Shofiyah’s relationship with Nurman is NOT a half-brother, but a sibling. And they are mahram, so they cannot marry.
So, Allahu ‘alam.
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