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Question: I am currently getting a divorce. Once the divorce is final, is it Halaal (lawful) for me to marry my ex-husband’s brother (assuming all parties are made aware)? I’ve heard it is Halaal in case of the death of a husband, but I’m unsure about the divorce.
Answer:

Strictly speaking, there is nothing in Islam that prohibits you from marrying your ex-husband’s brother after your divorce from him is final, so long as it is done properly, and all of the essential conditions of marriage are fulfilled.

Having said this, however, I must warn you against a serious issue of concern: I hope your inclination towards your ex-husband’s brother did not in any way contribute to your marriage break up; if it did, then you are prevented from marrying him. If that had been the case, and you still went ahead and married him any way, then it is no different than two adulterers marrying each other.

If developing illicit relations with strangers is a grave sin in Islam, developing illicit relations with your in-laws is double sin. The Prophet, peace be upon him, said, “in-laws are death!”

If-God forbids–what we said above applies to you, then you must hasten to repent and ask forgiveness of Allah and try to amend your ways; after having made sincere repentance, and changed your life-style, you should seek a marriage union based on foundations of piety and God-consciousness. It is worth remembering that no stable home can be built on a foundation of deception and infidelity.

Let us hope if the above scenario is incorrect, and there was no such inclinations or illicit relationship between you and the brother of your ex-husband, then there is nothing wrong for you in marrying him with the awareness of all parties concerned, if all of the requisite conditions of a valid marriage contract are fulfilled.

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