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What Should a Couple Do When They Have Divorced but Want To Re-Marry and They Fear a Delayed Nikah Will Make Them Fall Into Sin?

Answered as per Shafi'i Fiqh by Seekersguidance.org

What Should a Couple Do When They Have Divorced but Want To Re-Marry and They Fear a Delayed Nikah Will Make Them Fall Into Sin?

Question: In a scenario where two people who were previously married for five years and are divorced, and now have a strong emotional connection with one another, and live in different countries, and are unable to travel due to COVID conditions and restrictions, but are concerned about falling into sin through texts, calls and video calls, what would you recommend? The girl’s wali has already been asked for the proposal, and he has agreed but has asked to delay the nikah.

Answer:

Assalamu alaykum,

Thank you for your question. Alhamdulillah, I am pleased to hear that a divorced couple is getting back together, and I pray this time will be a fruitful and loving marriage for everyone involved.

Delay of nikah

If the nikah is delayed, then my recommendation is to be patient. When Allah makes it possible for you to be together, you can be together, and it is not worth it to risk falling into sin. You should refrain from phone calls and texts that are not necessary, and rather you should put your efforts into finding out where and when you can travel so you can marry.

Why has your father asked to delay the nikah? Have you prayed istikhara about this? If not, you should. Is he having doubts? Perhaps you and your father can go to a third country if flights are allowed, and you can marry your ex there. Perhaps, you can apply for an emergency flight. Exhaust all options and ask your father not to delay without good reason. Please see the links below:

https://seekersguidance.org/articles/general-artices/the-reality-of-istikhara/

https://seekersguidance.org/answers/hanafi-fiqh/having-to-wait-for-nikah/

May Allah give you the best of this world and the next and bless your union.

[Ustadha] Shazia Ahmad

Checked and Approved by Shaykh Faraz Rabbani

Ustadha Shazia Ahmad lived in Damascus, Syria, for two years, where she studied aqidah, fiqh, tajweed, Tafseer, and Arabic. She then attended the University of Texas at Austin, where she completed her Master’s in Arabic. Afterward, she moved to Amman, Jordan, where she studied fiqh, Arabic, and other sciences. She recently moved back to Mississauga, Canada, where she lives with her family.

 

This answer was collected from Seekersguidance.org. It’s an online learning platform overseen by Sheikh Faraz Rabbani. All courses are free. They also have in-person classes in Canada.

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