Fatwa: # 17756
Category: Misc. Fiqh
Country: United States
Date: 24th March 2009

Title

When a muslim woman with children remarries- to another muslim- is it haram for her to have contact with the father of her children/ex husband? Should the new husband be...

Question

When a muslim woman with children remarries- to another muslim- is it haram for her to have contact with the father of her children/ex husband?  Should the new husband be understanding of this need for communication?  Thank you in advance, and may Allah guide us all on the right path.

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatuh

A woman's ex-husband is a non-mahram to her and all the rules of hijāb must be maintained between the two.  If it is absolutely necessary for her to communicate with him, then she can only do so with proper Islāmic etiquettes and to the extent of the necessity.  The husband should be understanding of the necessity or, at least, provide practical alternatives to the communication. 

 

(ولا يكلم الأجنبية إلا عجوزا عطست أو سلمت فبشمتها ويرد السلام عليها وإلا لا

قال الإمام ابن عابدين:

(قوله وإلا لا) أي وإلا تكن عجوزا بل شابة لا يشمتها ولا يرد السلام بلسانه

(رد المحتار، كتاب الحظر والإباحة، فصل في النظر والمس: 6/369؛ سعيد)

 

(فتاوى محمودية، كتاب الحظر والإباحة، باب الحجاب، الفصل الثالث: 19/229؛ فاروقية)

 

(أحسن الفتاوى، كتاب الحظر والإباحة: 8/40؛ سعيد)

 

And Allah knows best

Wassalamu Alaikum

Ml. Abrar Mirza,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa

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