Q:
I married a woman but we have not agreed with each other
after concluding the marriage contract. We have not consummated our marriage because we are not getting on well together. If I divorce her, am I permitted to marry her paternal aunt?
(Part No. 18; Page No. 242)
A:
It is permissible for you to marry the paternal aunt of your ex-wife, whether you have consummated your marriage or not, because the Nas (Islamic text from the Qur’an or the Sunnah) pertaining to this issue refers to the prohibition of marrying a woman and her paternal aunt at the same time. However, if you have divorced the niece after consummating your marriage to her, it is Haram (prohibited) for you to conclude your marriage to her aunt until the niece has finished her `Iddah (woman's prescribed waiting period after divorce). If you divorced the niece before consummating the marriage, you are permitted to conclude the marriage contract to her aunt because the former has no `Iddah. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.