Remarriage under Muslim Marriage Law

Last updated on Jul 14, 2022

For Men

  • If your wife dies or you have divorced her (validly) you can immediately remarry another woman.
  • If you want to remarry your wife after divorcing her you have to follow certain procedures.

For Women

  • If your husband has died or you are no longer married to him through valid procedures of divorce and you want to marry another man then you have to follow certain conditions:

Iddat

  • The wife cannot remarry immediately but has to wait for a certain period known as ‘iddat’.
  • It is the period during which a Muslim woman cannot marry another man or have sexual intercourse with anyone.
  • When your husband dies, you will have to observe an iddat period of four months and ten days from the date of your husband’s death.
  • When you divorce your husband (and he doesn’t die) then the iddat period is three months from the date your husband says the word ‘talaq’.

If you are pregnant during this iddat period, then after your child has been born your iddat period will begin.

 

 

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Comments

Waseem abbas

August 17, 2022

Salam I am waseem abbas Muslim I have love someone she nonmusilm but before she married whit Muslim nam and she no have divorce and I want her marry mean I want nikh I can do whit his man divorce nikh or no

Nyaaya

August 19, 2022

Is she currently married or not?

Sartaq

September 20, 2022

What is the rule in Islam for men
“If a Muslim male divorced his 4 wife’s then
Is he eligible to marry another women”?

Nyaaya

September 26, 2022

Polygamy is allowed in Muslim law, but it is restricted to marrying four wives. Thus, one marries a fifth woman while already having four wives, the marriage will be considered irregular and not void. But the fifth marriage is valid after the death or divorce of any of his four wives. The marriage will also be treated irregular with a woman who is observing Iddat.

MOHAMMED IQBAL M

September 21, 2022

When a first wife refused to live (not divorced) with husband how long he wait for his second marriage under sharia of islamic law?

Nyaaya

September 26, 2022

In Islam, monogamy is the general rule while polygamy is only an exception. The Prophet did not favour polygamy except in exceptional circumstances. According to the Muslim Marriage Laws in India, a man can have up to 4 wives, but a woman can only have one husband at a time. In India, Polygamy in the Muslim Marriage Act under Islam has not been abolished in India but it is also not widely practised and is often provided against by a special clause in the marriage contract by those who find it morally offensive. The groom, as well as the bride-to-be, may stipulate monogamy as a condition in the Nikahnama and, once signed, it requires the parties to not enter into any formal or informal marriage contract with another person.

STEPS
1. Read the Nikhanama to confirm if there is a condition for monogamy or not,
2. If no such condition relating to monogamy is provided, the man is allowed to marry a second time.
3. No express permission or consent of the 1st wife is needed unless a condition is given under the Nikhanama.
4. The man can marry without giving divorce and the woman cannot do the same.

NOTE

Under Indian Law and Sharia Law it is considered an act of cruelty is the husband is not able to treat both the wives equally, socially or financially, and a ground for divorce.
It is suggested by scholars and lawyers that in cases where the 1st wife refused to live with the husband. The husband can move for divorce and then marry a second time.

Nowrin

October 12, 2022

When a woman gives divorce to her husband and, as they have a baby and her ex-husband sorted all issues. Can they re-marry again?

Nyaaya

October 25, 2022

Notwithstanding the importance of perpetuation of a marriage, Islam is very clear about a couples right to seek separation if the marriage is not working, or if one or both spouses have incongruous differences, or simply, on the basis of lack of love or liking between them. In Muslim law, If your wife dies or you have divorced her (validly) you can immediately remarry another woman.
If you want to remarry your wife after divorcing her you have to follow certain procedures. The wife cannot remarry immediately but has to wait for a certain period known as ‘iddat’.
It is the period during which a Muslim woman cannot marry another man or have sexual intercourse with anyone. When you divorce your husband (and he doesn’t die) then the iddat period is three months from the date your husband says the word ‘talaq’.
If you are pregnant during this iddat period, then after your child has been born your iddat period will begin.

Sau

October 17, 2022

My mother passed away recently and now my father wants to marry someone, so he took the matter to the court and they said he has to divorced his deceased wife (my mother who is dead), does he have to divorce his deceased wife??

Nyaaya

October 25, 2022

A second marriage can take place if the parties to the marriage had no living spouse at the time of marriage. The person getting remarried does not have to divorce the deceased wife as that is impossible. The second marriage is valid if the marriage follows the conditions laid down by the concerned act for a valid marriage and by showing the death certificate of the previous spouse.

Azizzah

December 4, 2022

Hello. I would like to ask about my sister’s situation. She was married when she was just 14 yrs old and she and her husband only lasts for 13 months. During that 13 months, the days that the male stayed at his parents is greater than the time he spent with my sister. And then on 13th month, he ran away without saying anything to officially go back to his parents which is an island away from us. We tried to fix their relationship by bringing my sister to his family and she stayed there for 1 week. But my sister said that she want to come back to us since she know that her husband and her in laws don’t want to fix it. So she came back to us. In our tribe, official separation is by signing a paper with witnesses but it never happened for them. After that, They never have communication anymore. After 5 yrs, the male married and we found out it through posts from social media but we dont care about it. And then after 3 yrs, which is currently now (total of 8 yrs have pass), my sister is going to marry. We tried to ask an aleem about our situation. The aleem said that the separation by signing is just a symbol in our tribe but in islam, 40 days without fixing the relationship and no communication is already a separation or a divorce. So I want to ask what is your knowledge about this? Can we proceed the wedding even though there is no signatures from both parties of separation which is 8 yrs ago? Do we still need their permission because they didn’t ask us when the male married and i think we have different life to focus already.

Nyaaya

December 8, 2022

She can do second marriage only if her divorce petition is moved before the concerned court and is pending. Therefore, you can move a divorce petition first and then only proceed with the second marriage.

Second marriage would be illegal if there is no pending pending or decree of divorce. The Supreme Court has clarified that a second marriage is valid even only if divorce proceedings of the first marriage are pending in court, provided that both parties from the first marriage have amicably parted and have decided not to contest the decision.

Interpreting the Hindu Marriage Act, justices S.A. Bobde and L. Nageswara Rao, however, said, “The dissolution of the marriage is complete once the court finalises the order, subject of course to appeal. In case of dissolution of marriage, a second marriage shall be lawful only after the dismissal of the appeal”.

You can apply for the divorce petition as per your religion or as per the secular law of the country (THE DIVORCE ACT, 1869).

Azizzah

January 11, 2023

we are living in a catholic country that’s why her first marriage is not recognized nor legally recorded in our country’s law. they dont even have a record in government’s system. during her first marriage, we just purely followed our tradition, and this is witnessing the exchange of vows between the father of bride and groom.

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