Islam clearly allows divorced and widowed women to remarry, and strongly prohibits any individual—be it a guardian or former spouse—from preventing them.
Islam has organised relationships among individuals to create a virtuous society. In fact, family constitutes the key pillar of society.
However, when marriage ceases to exist due to divorce or the death of a spouse, individuals involved are free to go their own way. The relief may even be in parting, for Allah, the Almighty, said:
“But if they disagree (and must part), God will provide abundance for all from His all-reaching bounty: for God is He that cares for all and is Wise.” (An-Nisa` 4:130)
Qur’anic Support for Remarriage
The Noble Quran has stated certain rights to the divorcee and the widow, and made it incumbent on individuals to preserve them so as to maintain chastity and righteousness.
Prohibition Against Preventing Marriage
One of these rights is not to prevent the afore-mentioned women from marrying since Allah, the Exalted, has prohibited doing so where He said:
“When you divorce women, and they fulfil the term of their (`Iddah), do not prevent them from marrying their (former) husbands, if they mutually agree on equitable terms.” (Al-Baqarah 2:232)
Therefore, it isn`t permissible to prevent a woman from marrying the person who suits her.
Al-Mawardi, a Shafi`i scholar, stated: “Allah has prohibited the guardians of a woman to prevent her from marrying the man that she accepts as husband.” (Tafseer Al-Mawardi, 1:298)
This ruling is in the best interest of women.
Opposing Pre-Islamic Cultural Practices
Moreover, preventing women from marrying is among the despicable pre-Islamic practices that were exercised either out of zeal or to eat up a woman`s wealth to deprive her husband of taking it.
Therefore, the prohibition stated in the Noble Qur’an addresses the woman’s guardians, her former husband and all Muslims. He, the Almighty, said:
“O you who believe! You are forbidden to force women against their will. Nor should you treat them with harshness, that you may take away part of the dower you have given them,-except where they have been guilty of open lewdness.” (An-Nisaa’ 4:19)
Abu Al-Su`ud said:
“This verse means that when divorce takes place, it isn’t permissible for the guardians or the husbands to prevent the woman from marrying. It is also an intimidation and a warning against committing such an act.” (Irshad Al-`Akil Al-Saleem, 1/229)
Prophetic Permission for Widows to Remarry
In principle, it is permissible for a divorcee or a widow to marry since Al-Miswar Ibn Makhrama narrated: “Subai`a Al-Aslamiyah gave birth to a child a few days after the death of her husband. She came to the Prophet (peace be upon him) and asked permission to remarry, and the Prophet permitted her, and she got married.” (Al-Bukhari)
Upholding Women’s Right to Marry
In conclusion, it is the right of a woman to marry, and it isn’t lawful for anyone to prevent her from doing so.
We advise all Muslims to fear Allah, the Almighty, and never be unjust to women in general and divorcees and widows in particular. This is in addition to granting them the rights which Allah has enjoined for them.
Almighty Allah knows best.
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