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f:432 -    Nephew marrying divorced aunt
Country : Nanded, India,
Name : Abdur Raoof
Question:     A certain person divorced his wife and the lady has completed her Iddat also.  Now that person?s nephew, i.e. his brother?s son wants to marry the lady.  Can he do so?
Answer:     Allah Most High has clearly states in the Holy Quran, which relations are forbidden for marriage.  It is given in Surah Nisa:

Forbidden to you are your mothers, your daughters, your sisters, your father’s sisters and your mother’s sisters and your brother’s daughters and sister’s daughters and your mothers (who) have suckled you, your foster sisters and mothers of your wives. And (similarly) your stepdaughters brought up under your parentage born of your women with whom you have had marital relations (are also forbidden to you.) If you have not had martial relations, then there is no harm (in marrying their daughters). Forbidden are also wives of your real sons who are of your loins and having (in marriage) two sisters together, except that which has passed in the days of ignorance. Allah indeed is Most Forgiving, Ever-Merciful.

And (forbidden to you are also) women having husbands except those (prisoners of war) who come into your legal possession. Allah has prescribed for you (these Commands of forbiddance). And (all women) other than these are made lawful for you, so that you may wish them for marriage by means of your money (dower), maintaining chastity and not in pursuit of satisfying lust. Then those of them from whom you have received benefit in exchange for that (money), pay them their fixed dowers. And there is no sin on you pertaining to the money on which you mutually agree after fixing the dower. Surely Allah is All-Knowing, Most Wise. Suran Nisa (4:23-24)

From this we can learn that if the uncle has divorced his wife and the lady has completed her Iddah (waiting period), then the nephew can marry the uncle’s divorced wife, provided she is not forbidden through any other relation.

And Allah Most High knows best.

Mufti Syed Ziauddin Naqshbandi Qadri

[Professor, Islamic Law, Jamia Nizamia,
Founder-Director, Abul Hasanaat Islamic Research Center]
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