Fatwa ID: 06648
Answered by: Alimah Zakiratul Hoque
Question:
Salaam, I am a revert and I have an enquiry about my friend who is also a revert, she got married but after she got married her faith got weak and left Islam hence their marriage got annulled, this was at the beginning of July, but her faith returned a week later and she became Muslim again, her husband says he will marry her next month but when she returned to Islam due to her not being married at the moment, she started to talk to other guys in sexual ways within the three months period she now regrets it.
Can she still marry her previous husband or is it disallowed for her because of the action she did after she returned to Islam? And can she marry her within the three-month period or does it have to be after?
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
As you mentioned, when your friend left Islam, her marriage was annulled (Badai Al Sanai, Vol 3, Pg 605-609).
Her actions after returning to Islam do not disallow her from marrying. Rather, it would be best for her to marry to avoid participating in Haraam activities.
Abdullah (Ra) narrates: We were with the Prophet ﷺ while we were young and had no wealth. So Allah’s Messenger ﷺ said, “O young people! Whoever among you can marry, should marry, because it helps him lower his gaze and guard his modesty (i.e. his private parts from committing illegal sexual intercourse etc.), and whoever is not able to marry, should fast, as fasting diminishes his sexual power.” (Sahih Al Bukhari, 5066)
و أما بيان ما يرفع حكم النكاح … و منها ردة أحد الزوجين … ردة المرأة تكون فرقة بغير طلاق بلا خلاف
عنْ عَبْدِ الرَّحْمَنِ بْنِ يَزِيدَ، قَالَ دَخَلْتُ مَعَ عَلْقَمَةَ وَالأَسْوَدِ عَلَى عَبْدِ اللَّهِ فَقَالَ عَبْدُ اللَّهِ كُنَّا مَعَ النَّبِيِّ صلى الله عليه وسلم شَبَابًا لاَ نَجِدُ شَيْئًا فَقَالَ لَنَا رَسُولُ اللَّهُ ﷺ يَا مَعْشَرَ الشَّبَابِ مَنِ اسْتَطَاعَ الْبَاءَةَ فَلْيَتَزَوَّجْ، فَإِنَّهُ أَغَضُّ لِلْبَصَرِ، وَأَحْصَنُ لِلْفَرْجِ، وَمَنْ لَمْ يَسْتَطِعْ فَعَلَيْهِ بِالصَّوْمِ، فَإِنَّهُ لَهُ وِجَاءٌ
و يجوز لصاحب العدة أن يتزوجها لأن النهي عن التزوج للأجانب لا للأزواج
Only Allah knows best.
Written by Alimah Zakiratul Hoque
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham