Source: Fatāwā Amunpūrī by Shaykh Ghulām Muṣṭafā Ẓahīr Amunpūrī
What is the Islamic ruling regarding a man who wishes to marry the mother of his former wife, if the marriage was not consummated (i.e., no sexual relations or seclusion took place)?
It is not permissible.
The mother-in-law becomes permanently forbidden (maḥram) for a man immediately upon the contract of marriage, whether:
➤ Consummation occurred or not,
➤ Or even seclusion (khalwah) took place or not.
﴿وَأُمَّهَاتُ نِسَائِكُمْ﴾
“…And [forbidden to you are] the mothers of your wives…”
(Sūrah al-Nisāʾ, 4:23)
The verse clearly states the prohibition of marrying one's wife’s mother — without any condition of consummation.
Simply entering into a valid nikāḥ contract with a woman renders her mother ḥarām forever for the husband.
◈ Once a valid nikāḥ (marriage contract) is performed with a woman,
◈ Her mother becomes permanently unlawful for the man —
◈ Even if there was no seclusion or intercourse.
◈ Therefore, marrying the mother of a non-consummated divorced wife is impermissible.
هَذَا مَا عِندِي، وَاللَّهُ أَعْلَمُ بِالصَّوَابِ
This is what I hold to be correct, and Allah knows best.
❖ Question:
What is the Islamic ruling regarding a man who wishes to marry the mother of his former wife, if the marriage was not consummated (i.e., no sexual relations or seclusion took place)?
❖ Answer:
It is not permissible.
The mother-in-law becomes permanently forbidden (maḥram) for a man immediately upon the contract of marriage, whether:
➤ Consummation occurred or not,
➤ Or even seclusion (khalwah) took place or not.
❖ Evidence from the Qur’an:
﴿وَأُمَّهَاتُ نِسَائِكُمْ﴾
“…And [forbidden to you are] the mothers of your wives…”
(Sūrah al-Nisāʾ, 4:23)
The verse clearly states the prohibition of marrying one's wife’s mother — without any condition of consummation.
Simply entering into a valid nikāḥ contract with a woman renders her mother ḥarām forever for the husband.
Summary:
◈ Once a valid nikāḥ (marriage contract) is performed with a woman,
◈ Her mother becomes permanently unlawful for the man —
◈ Even if there was no seclusion or intercourse.
◈ Therefore, marrying the mother of a non-consummated divorced wife is impermissible.
هَذَا مَا عِندِي، وَاللَّهُ أَعْلَمُ بِالصَّوَابِ
This is what I hold to be correct, and Allah knows best.
