Cutting Off Relations over Marriage to a Nephew’s Divorced Wife

Question

A man has died; he left one brother and one son. This son is married. For some reason he divorced his wife. After the ‘idda, his paternal uncle himself married her. So is this nikah valid or not? If it is valid, then is it right for the people of the village or of the clan to cut off relations with him on this ground, or not? And the cutting off of relations is such that if someone in his family dies, no one will perform the funeral prayer (janaza), nor will they provide him with food.

Answer

If there is no other relationship of prohibition with the wife of one’s nephew (brother’s son), then marrying her is permissible according to the Shari‘a. Since he married her after she had completed the ‘idda following the talaq, objecting to it is wrong, cutting off relations with him because of it is oppression (zulm), and not taking part in the funeral prayer is a sin.

Source: Fatawa Mahmudiyya

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