Spouse's Nephew or Niece
Mu' meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked this question:
Can a woman marry her husband's nephew, if she's either divorced orwidowed & can she do halala with him if there is a need...?
(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)
In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.
Sister, we have clearly informed you in two separate answers that a nephew can marry the divorced wife of his uncle, after the woman has completed her iddah period of three menstrual cycles.
After the nephew or any other man has married his uncles ex-wife, the couple have to consume the marriage, which means they must have intercourse together and live like a normal husband and wife. If the marriage is not consumed then the woman cannot return to her ex-husband. The nephew or any other man, has to divorce his wife of his own free will without any force, pre-plan or co-ersion. There should be no plan hatched that the nephew or any other man marries and then divorces so that the woman can go back to the uncle. One must remember that Allah swt knows all the secrets of ones heart. It is a grave sin to commit halala and the doers of such deeds will be severally accountable on the Day of Qiyamah.
Whatever written of Truth and benefit is only due to Allahs Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength. Allah Alone Knows Best and He is the Only Source of Strength.
Your brother and well wisher in Islam,
Members of Islamhelpline