What is the correct course of action to resolve the issue of a young man and a young woman being bound by Islamic marriage and their desire to reunite, given that the young woman's family refuses for un-Islamic reasons, such as the young man's nationality and place of residence, and their assumption that he does not have a profitable business, knowing that there was a previous marital relationship between the young man and the young woman?
If you married her with a valid Islamic marriage, then she is your wife. If you have not divorced her, she is still under your marital bond. If you divorced her while she was in her 'iddah (waiting period), you may take her back even if her family does not agree, based on the Almighty's saying: "And their husbands have more right to take them back in that [period] if they want reconciliation." However, if her 'iddah has ended, she has become irrevocably separated from you, and you cannot take her back except with a new contract. If she desires to return to you and her family has no valid reason to prevent her, then they are not permitted to prevent her, based on the Almighty's saying: "And when you divorce women and they have fulfilled their term, do not prevent them from remarrying their [former] husbands if they agree among themselves on an accepted basis." If there was marital intimacy before marriage, then both of you must repent. If the marriage took place after repentance and ensuring the womb is clear (istibra' al-rahm), then there is no issue with the validity of the marriage. The Islamic criterion for choosing spouses is religion and good character.
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- Original fatwa ID
- 99820
- Imported
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- Source text, unreviewed
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