A man contracted marriage with a woman, then divorced her before consummating the marriage. Then his son contracted marriage with her and consummated it. What is the validity of this marriage?
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Question:
They ask about a case that has occurred, and we request that it be examined and the Shari'ah ruling clarified. One of the brothers contracted marriage with a woman, and after the contract, he divorced her before consummating the marriage. Then he contracted marriage for his son with her, and the son consummated the marriage. The father of the son claims that the one who contracted the marriage for him was the girl's brother, not her father. It is known that some of the people present say that her brother contracted the marriage for him by proxy from her father. What is the ruling on this marriage? Is it valid or not?
Answer:
This issue must be referred to the Shari'ah court to verify the facts. However, the principle indicated by the Book of Allah, Glorified and Exalted is He, is that if a father contracts marriage with a woman and then divorces her, it is not permissible for the son to marry her. This is based on the saying of Allah the Exalted:[An-Nisa 4:22] The term "marriage" (nikah) here refers to the contract, even if no intercourse or consummation took place. Yes.
They ask about a case that has occurred, and we request that it be examined and the Shari'ah ruling clarified. One of the brothers contracted marriage with a woman, and after the contract, he divorced her before consummating the marriage. Then he contracted marriage for his son with her, and the son consummated the marriage. The father of the son claims that the one who contracted the marriage for him was the girl's brother, not her father. It is known that some of the people present say that her brother contracted the marriage for him by proxy from her father. What is the ruling on this marriage? Is it valid or not?
Answer:
This issue must be referred to the Shari'ah court to verify the facts. However, the principle indicated by the Book of Allah, Glorified and Exalted is He, is that if a father contracts marriage with a woman and then divorces her, it is not permissible for the son to marry her. This is based on the saying of Allah the Exalted:
And do not marry those [women] whom your fathers married, except what has already occurred. Indeed, it was an immorality and hateful [to Allah] and was evil as a way.
وَلَا تَنكِحُوا مَا نَكَحَ آبَاؤُكُم مِّنَ النِّسَاءِ إِلَّا مَا قَدْ سَلَفَ إِنَّهُ كَانَ فَاحِشَةً وَمَقْتًا وَسَاءَ سَبِيلًا
Source
قناة «العلامة الدكتور صالح الفوزان»، أب عقد على امرأة ثم طلقها قبل أن يدخل بها، ثم عقد ابنه عليها ودخل بها، فما صحة هذا الزواج؟ الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.