🔄 Re-marriage in Islam: Navigating the Dynamics of Divorces and Widows
Definition: Re-marriage in Islam refers to the act of marrying again, either with a former spouse or a new one, following protocols established by the Sharia (Islamic Law). This encompasses both divorce and widowhood scenarios.
Etymology: The term re-marriage combines the prefix “re,” which implies repetition, with “marriage,” originating from the Old French “marriage” meaning “union by marriage” and the Latin “maritare” meaning “to marry”.
Background: In Islamic culture, marriage (nikah) is highly esteemed, but divorce (talaq) is also permitted. Post-divorce re-marriage with the previous spouse and the re-marriage of widows are conditioned by specific rules:
- Re-marriage after talaq (divorce): A couple can re-marry if the ʿiddah (waiting period) is observed and only the first or second declaration of talaq has taken place.
- The rule for the irrevocable three-fold talaq (talaq uttihar/threefold): The wife must marry another man, consummate that marriage, and then be divorced by him before she can lawfully remarry her first husband.
- Widow re-marriage: A widow must observe an ʿiddah of four months and ten days before remarrying, whereas there are no specific time-bound restrictions for a widower.
Cultural Differences and Similarities:
- Sunni & Shia Law: Both Sunni and Shia interpretations agree on the principles governing re-marriage after talaq and provide similar guidelines for widow re-marriage. However, slight variations can exist in practice and emphasis based on cultural contexts.
- Across Cultures: Within Islamic cultures, the context can shift, influenced by local customs and historical interpretations, but the primary principles grounded in the Hadith and Quran remain universally respected among Muslims.
Synonyms & Antonyms:
- Synonyms: Re-wed, Re-unite, Re-marry
- Antonyms: Divorce, Separate
Related Terms:
- Divorce (Talaq): The formal ending of a marriage contract.
- ʿIddah: The waiting period a woman must observe before remarrying after a divorce or widowhood.
- Nikah: The Arabic term for marriage.
- Talaq: An Islamic term for divorce pronounced by the husband.
Exciting Facts:
- Islamic law emphasizes reconciliation and discourages divorce, considering it only as a last resort.
- The concept of the intermediary marriage (Halala) aims to ensure that divorce is taken seriously and not executed frivolously.
Quotations:
- “Of all the lawful acts, the most detestable to Allah is divorce.” - Prophet Muhammad (Hadith)
- “Men are the protectors and maintainers of women because Allah has given one more (strength) than the other and because they support them from their means…” – Surah An-Nisa [4:34]
References:
- Quran: Surah Al-Baqarah [2:228-230], Surah At-Talaq [65:1-7]
- Sahih al-Bukhari and Sahih Muslim (Hadith collections)
- “Islamic Family Law” by Esposito and DeLong-Bas (2001)
- “Sharia: Theory, Practice, Transformations” by Wael B. Hallaq (2009)
Suggested Literature and Other Sources:
- “Introduction to Islamic Law: Principles of Civil, Family, and International Law under the Shari’a” by Jonathan G. Burns
- “Marriage and Divorce in Islamic South-East Asia” by Gavin W. Jones
- “Islamic Family Law in a Changing World: A Global Resource Book” by Abdullahi A. An-Na’im
### A Woman can re-marry her previous husband if:
- [x] She has only been given one or two declarations of talaq, and observes the ʿiddah
- [ ] The three-fold talaq was pronounced, irrespective of reaching another subsequent marriage
- [ ] There is no requirement for the ʿiddah
- [ ] Her ex-husband never remarries
> **Explanation:** She cannot re-marry her previous husband if a final three-fold talaq has been pronounced unless she marries another man and that marriage is consummated and then he divorces her.
### What is the required ʿiddah period for a widow?
- [x] Four months and ten days
- [ ] One month
- [ ] Three months
- [ ] A year
> **Explanation:** A widow must observe an ʿiddah of four months and ten days before she becomes eligible for remarriage in accordance with Islamic guidelines.
### True or False: A widower must observe ʿiddah similar to a widow
- [ ] True
- [x] False
> **Explanation:** In Islamic practice, there is no mandated ʿiddah period for a widower before he can remarry.
### In Islamic law, which marriage concept immediately follows a divorce?
- [ ] Fard
- [ ] Fasid
- [x] Halala
- [ ] Li'an
> **Explanation:** Halala is an Islamic term for the practice where a woman marries someone else in a genuine marriage, consummates, and then gets divorced, making her eligible to remarry her former husband after an irrevocable divorce.
### According to Islamic law, a marriage cannot be reverted if:
- [ ] Only one declaration of talaq is given
- [ ] The couple separated without divorce
- [ ] The wife decides to remain unmarried
- [x] The threefold talaq has been pronounced
> **Explanation:** Once the threefold talaq (talaq uttihar) has been declared, the couple cannot reunite unless the woman marries another man, consummates that marriage, and is then divorced by him.
May your journey through these intricate understandings of marital laws be enlightening and guide you towards a balanced view on Islamic family life.
Written with thoughtful care, Hassan El-Rahman, October 5, 2023
