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Last Update: 03:50 GMT, Wednesday, Dec. 02, 2009

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Question and Answer Details

Name of Questioner

Majda

Title

Can I Marry the Uncle of My Ex-husband?

Question

As-salamu `alaykum,

I am a non-Muslim US woman, baptized as a Christian. I was divorced from a Sunni Muslim Jordanian-American man. The divorce was his choice; he is younger, and he decided that he wanted children a few years after marriage, and I was unable due to my age. Now I would potentially be interested in marrying my ex-husband's uncle. He is a single, practicing Sunni Muslim living in Jordan and is about my age. Is this permissible in some way according to the law of the Qur'an or would it be haram for him? Does it make a difference that I am not a Muslim and my former marriage was civil (not held in a religious ceremony)?

 

Jazakum Allahukhayran.

 

Date

10/Nov/2009

Name of Mufti

Zienab Mostafa

Topic

Marriage

Answer

Wa `alaykum as-salamu wa rahmatullahi wa barakatuh.

In the Name of Allah, Most Gracious, Most Merciful.


All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

 

Dear questioner, we would like to thank you for the great confidence you place in us, and we implore Allah Almighty to help us serve His cause and render our work for His Sake.

 

The Islamic Shari`ah identifies certain types of women Muslim men cannot marry. Among these is the ex-wife of one's son. Thus, a father cannot marry the ex-wife of his son. But this prohibition does not extend to uncles, as the Qur'anic verse that enumerates the types of women prohibited in marriage does not speak of uncles in this regard.

 

Answering this question, Zienab Mostafa, a prominent Muslim scholar and preacher, said,

 

Almighty Allah says, (Forbidden to you are your mothers; your daughters; your sisters; your paternal aunts; your maternal aunts; brothers' daughters; sisters' daughters; your mothers that have suckled you; your foster-sisters; mothers of your wives; your stepdaughters who are in your guardianship, (born) of your wives to whom you have gone in, but if you have not gone in to them, there is no blame on you (in marrying them); and the wives of your sons who are of your own loins; and that you should have two sisters together, except what has already passed; surely Allah is Forgiving, Merciful.) (An-Nisaa' 4:23)

 

In light of this verse, if your ex-husband is not related to the man you want to marry as a father or son, even by way of fosterage (rada`ah), then the marriage is permissible. If this man is only an uncle of your ex-husband, then the marriage can take place. Please be advised that this could only be done after the proceedings and consequences of divorce come to an end.

 

On a different note, marriage in Islam is not a ritual; it is held in a civil ceremony where the agreement of both parties is confirmed and the marriage is declared to the community. A registrar appointed by the government registers the marriage to make it official. So, marriage in Islam is a civil marriage in a way.

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Allah Almighty knows best.

 

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