Question:
It has become common practice among us that when a husband passes away, his brother marries the widow as if he has inherited her, without seeking her consent. They justify this by claiming it prevents the children from losing someone to care for them. Does this practice have any basis in religion?
Answer:
As for marrying her against her will, it is forbidden (haram) and the marriage contract is invalid, based on the statement of Allah—Blessed and Exalted be He: “O you who have believed, it is not lawful for you to inherit women by compulsion…“ [An-Nisa: 19].
However, if it is done with the mutual consent of both parties, then it is a good thing; because having the man’s children under the care of their uncle is better than having them under the care of a stranger.
This is the detailed breakdown of the matter: if the woman is coerced, then it is not permissible; but if it is by choice and consent, then it is good and commendable.