Re-Marriage: An Overview in Islam
Etymology
The term “re-marriage” finds its roots in the act of marrying again after a divorce or the death of a spouse. In Arabic, re-marriage is referred to as إعادة الزواج (I’adat al-Zawaj). In Turkish, it is called yeniden evlenme.
Re-Marriage After Divorce
Conditions for Re-Marriage
Re-marriage may occur with the same spouse who initiated the divorce under certain conditions:
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Before Completion of ʿIddah:
- Definitions: ʿIddah (Arabic: عدة) is the waiting period that a woman must observe after a divorce or widowhood before she can marry another man.
- If reconciliatory measures are undertaken before the completion of the ʿiddah period, the couple can re-marry.
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After Completion of ʿIddah:
- If the ʿiddah period has concluded, the couple can still re-marry.
However, this is restricted to cases where only the first or second instance of divorce has transpired (Sunni: الطلاق الرجعي, At-Talaq ar-Raj’i).
Triple Divorce Rule
According to both Sunni and Shia laws, if a man has pronounced a triple talaq (Sunni: الطلاق البائن, At-Talaq al-Bayin):
- Re-marriage with the same person is not permissible until the divorced wife marries another man.
- That subsequent marriage must be consummated and similarly result in a lawful divorce.
Re-Marriage for Widows and Widowers
Protocol for Widows
A widow is allowed to remarry only after observing an ʿiddah period of:
- Four Lunar Months and Ten Days (Approximately 130 days)
- This waiting period is intended to respect the deceased and ensure the woman is not pregnant, which would affect lineage and inheritance issues.
Protocol for Widowers
There are no waiting period restrictions for a widower. A man can remarry at any time after the death of his spouse.
Legal and Theological Insights
Islamic jurisprudence (Fiqh) provides detailed guidelines structured around protecting individual rights, maintaining social order, and ensuring clarity in lineage and inheritance laws. Both Sunni and Shia schools align on significant principles pertaining to re-marriage, as observed in the triple divorce scenario and ʿiddah requirements.
Key Takeaways
- Re-marriage with the divorcer is permitted under specific conditions, i.e., it can occur before or after the ʿiddah period if less than three divorces are pronounced.
- Triple talaq mandates an intermediate, consummated marriage and its subsequent dissolution before the original spouses can re-marry.
- Widows must observe an ʿiddah of four lunar months and ten days before remarrying, whereas widowers have no such period.
- Both Sunni and Shia legal frameworks encompass these principles.
Recommended Books for Further Study
- “Marriage and Divorce in Islamic Law” by Samia Bano
- “The Fiqh of Marriage: A Comparative Study” by Muhammad Saed Abdul-Rahman
- “Women and Islamic Law in a Non-Muslim State” by Aharon Layish
- “Islamic Law and Society” by Bernard Lewis
Conclusion
Understanding the guidelines surrounding re-marriage in Islam provides significant insight into Islamic marital jurisprudence and its applications in both personal and social contexts. With clearly defined legal expectations, these guidelines aim to uphold justice and social harmony, while attending to delicate human considerations unique to marriage and divorce.
