Is separation permissible between collateral relatives who are Mahram (unmarriageable kin)?

General Chapter

Al-Mughni

Book of Jihad

Book 54 · Issue 1 · Bab 1

Open in Qurani

Primary text

Separation is permissible between collateral relatives, according to the apparent view of Al-Khiraqi. The ruling is based on the principle that sale and separation are generally lawful (*halal*). The analogy used by the opposing view regarding full siblings is invalid because full siblings share a closer degree of relationship, evidenced by their exclusion of others from inheritance. Therefore, the default ruling of permissibility remains for all other relatives.

Supporting text

Some companions among our school state that separation is impermissible between relatives who are *Mahram*, such as an uncle's daughter with her paternal aunt's son, or a maternal aunt's daughter with her maternal aunt's son. This stance is based on analogy (Qiyas).